Public Protector's finding on diplomat vindicated by SCA

A former diplomat, recalled from Cuba for behaving badly almost a decade ago, has been vindicated for a third time – this time by the Supreme Court of Appeal. Reginald Ananius Marimi, who held the position of first secretary, got caught up in several alleged public violations while at the SA embassy. He was recalled to SA‚ his overseas cost of living allowance was withdrawn and he was told disciplinary action would be taken against him, but nothing happened. A TimesLIVE report says he lodged a complaint with the Public Protector, who found in his favour and said‚ among other things‚ that the recall was procedurally flawed and amounted to maladministration‚ and that he had been treated unfairly. The Minister and the Director-General of Home Affairs tried to have then-Public Protector Thuli Madonsela’s report set aside in the Gauteng High Court (Pretoria), arguing Madonsela did not have the powers to investigate the matter and that her conclusion was flawed. They failed to convince Judge Bill Prinsloo, but he granted them leave to appeal to the SCA, which also found against them, noting: ‘In the founding affidavit‚ no basis is laid for the assertion that the Public Protector's conclusion is factually and legally incorrect as well as unreasonable. As the onus rests on an applicant in judicial review proceedings to establish the grounds of review upon which he or she relies‚ the director-general's bare averments of irregularity are insufficient.’

Minister of Home Affairs v The Public Protector (308/2017) [2018] ZASCA 15 (15 March 2018)

– TimesLIVE