The hearing, which was due to begin on Wednesday, was stalled as Motsoeneng argued that there was an ulterior motive for bringing the hearing.
He was charged with misconduct after holding a press conference in which he criticised the SABC's decision to scrap the 90% local music policy he spearheaded. In the conference he accused interim board member Krish Naidoo of "selling out".
Yesterday, Motsoeneng's legal team argued the hearing should rather be heard by the Commission for Conciliation, Mediation and Arbitration because the comments he made should be considered protected public disclosure.
Protected public disclosure is usually used as a defence when employees say they were wrongfully charged or dismissed for exposing corruption.
Disciplinary hearing chairman Nazeem Cassim dismissed this argument, leading Motsoeneng's legal team to reveal his new plan.
"We have received instructions to approach the Labour Court on an urgent basis to seek to stop these proceedings. "
Cassim granted a postponement until May 24 to allow Motsoeneng to approach the Labour Court.
Source: The Times
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