The new public protector says she will leave the dispute over the state capture report prepared by h.
Lawyers for SABC group chief executive Dali Mpofu have lambasted the corporation's board for issuing "misleading" and "factually incorrect" statements, saying the board had lodged an appeal against the judgment lifting Mpofu's suspension.
Sandile July, Mpofu's lawyer, said it was misleading for the board to say that the SABC had "carefully studied the judgment because copies of the judgment were not yet available since the judge had not yet signed it".
"We have ordered a copy of the relevant transcript on an urgent basis and have been informed that the transcript is still with the judge, and there is no clarity regarding the release date of the document," July said.
"Ordinarily it takes two to three weeks to secure such a copy.
"It is therefore not possible that the SABC had 'carefully studied' the judgment. It is not legally possible for the SABC to 'lodge an appeal at this stage.
"The correct process is that the SABC would first have to lodge an application for leave to appeal in terms of the rules of the high court," July added.
He said the same judge who heard the matter must decide on such an application, and only if that application was successful could the SABC "lodge an appeal".
He said as of yesterday neither the high court nor Mpofu's attorneys had received any papers to that effect.
July confirmed that Mpofu had instructed him to oppose any appeal application.
"The concern is that these statements may be misleading to the public, most of whom may not be familiar with court processes," July said.
"Mpofu is back at work and is only concerned with building a credible and accountable public broadcaster.
"He refuses to be dragged into the unhelpful personal debate about his character."