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Bad news for Hlaudi, SABC

By Genevieve Quintal and Bekezela Phakathi

8 Feb 2017

The Cape Town High Court has dismissed the SABC's application for leave to appeal its order that Hlaudi Motsoeneng may not occupy any position at the public broadcaster.

The court ruled in November that Motsoeneng's appointment as group executive for corporate affairs - the post he held before becoming COO - was "irrational and unlawful".

It said Motsoeneng could not occupy any position at the SABC unless a 2014 report by the public protector were set aside, or new disciplinary action against him was finalised.

The court said the disciplinary hearing that cleared Motsoeneng of wrongdoing was "wholly inadequate".

The DA welcomed yesterday's ruling, saying it was a step towards restoring the independence of the SABC.

"The DA also welcomes the fact that Motsoeneng and his toxic influence will now be removed from the SABC," DA federal chairman James Selfe said.

He said it was time the SABC ended its "frivolous litigation" at the expense of the taxpayer and focused on fixing the public broadcaster and correcting the damage Motsoeneng had caused.

The SABC's lawyer, Stephan du Toit, argued in the Cape Town High Court last week that its earlier ruling had set a bad precedent in that it allowed outsiders "to interfere in the employment policies of organs of the state".

He said the matter should to be clarified by the Supreme Court of Appeal.

Motsoeneng's appointment "constituted an internal arrangement" and was not an exercise of public power, Du Toit contended.

The SABC said it was "disappointed" by the court's ruling.

"Our lawyers will get a copy of the judgment today and go through it. They will advise us on how to go forward," SABC spokesman Kaizer Kganyago said.

The SABC has lurched from one crisis to another under Motsoeneng.

The parliamentary committee investigating the SABC finalised its draft report last month and sent copies to those involved, including Communications Minister Faith Muthambi.

Source: The Times

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