Court rules on SABC head

Beleaguered South African Broadcasting Corporation (SABC) chief operating officer Hlaudi Motsoeneng has been dealt another heavy blow following a Western Cape High Court judgment yesterday ordering his appointment be set aside.

The court last month heard part B of a review application by the Democratic Alliance (DA) which specifically sought to have Motsoeneng’s permanent appointment as COO set aside as being irrational.

The DA said it believed that Motsoeneng’s permanent appointment was irrational and unlawful‚ given public protector Thuli Madonsela’s findings against him.

Part A of the DA’s application sought to enforce the public protector’s recommendations.

In 2014 the public protector found that Motsoeneng’s salary had risen from R1.5-million to R2.4-million in one year. Also‚ according to the report‚ he had lied about his academic qualifications and had purged senior staff.

The public protector recommended Motsoeneng‚ who was acting COO at the time‚ be suspended‚ pending a disciplinary inquiry.

But he remained in his position and no disciplinary action was taken against him. His appointment to the position was then made permanent despite the damning report.

The DA had argued in court last month that Motsoeneng’s permanent appointment was thus irrational and unlawful‚ given the public protector findings against him.

“The board and the minister also violated the SABC’s own governance documents which require the board to prepare a shortlist of candidates and interview those candidates‚” DA lawyer Anton Katz said.

Motsoeneng’s lawyers argued that the DA’s court challenge was premature because the Constitutional Court had still to clarify the public protector’s powers and the SABC would institute internal disciplinary proceedings.

But Katz said this did not justify the public broadcaster’s failure to follow proper procedures before making the appointment.

“The position…was not advertised and no candidate‚ not even Mr Motsoeneng‚ was interviewed for the position‚” said Katz.

Last month Motsoeneng took a voluntary leave of absence until the completion of disciplinary hearings against him.

Motsoeneng faces various charges of misconduct including gross dishonesty and abuse of position.

He has gone to the Constitutional Court to challenge a landmark Supreme Court of Appeal judgment handed down last month.

The SCA judgment confirmed the public protector’s powers and ruled that Motsoeneng be suspended pending a disciplinary hearing. — BDlive