Court to hear DA application to set aside Motsoeneng appointment

The Western Cape High Court will on Tuesday consider part B of a review application by the Democratic Alliance which specifically seeks to have the permanent appointment of Hlaudi Motsoeneng as the SABC’s chief operating officer (COO) set aside as being irrational.

“We have argued all along that the Public Protector’s damning findings against Mr Motsoeneng could not be ignored. The Public Protector found that he had lied about having a matric certificate‚ purged staff members perceived as disloyal to him and fraudulently inflated salaries (including his own – from R1.5m to R2.4m in one year).

“Last week’s Supreme Court of Appeal (SCA) judgment confirmed the interim relief successfully obtained by the DA in the Court a quo pending the determination of the second part‚ being heard tomorrow‚ which is the DA’s review application to have Mr Motsoeneng’s appointment declared invalid on the grounds that it was irrational and unlawful‚” the DA said in a statement on Monday.

The party added that it was “optimistic that the Court will hear this matter and indeed engage it with the seriousness it deserves”.

Last Thursday the Supreme Court of Appeal ruled that Motsoeneng should be suspended for 60 days while a disciplinary hearing into his breaches is conducted.

Motsoeneng‚ the SABC and the Communications Minister were challenging an earlier high court order that found Public Protector Thuli Madonsela’s finding that action be taken against him for receiving exorbitant salary increases and forging his matric qualification.

Motsoeneng has since been awarded a further R1-million salary increase by the SABC board and has remained at work free from any disciplinary action.

The SABC will now have to investigate him and bring a disciplinary case against him or face being in contempt of court.

The SCA in the summary of its judgement said that “remedial action by Public Protector…legal effect…and cannot be ignored by state and public institutions”.

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