THE South African Broadcasting Corporation (SABC) on Friday confirmed that Hlaudi Motsoeneng remains in its employ, despite last week’s High Court judgment that set aside his permanent appointment as the broadcaster’s chief operating officer.
"The SABC wishes to clear up any confusion following the adjournment yesterday of the disciplinary hearing against Mr Motsoeneng. Pending the finalisation of the appeal process, Mr Motsoeneng is still the organisation’s (chief operating officer)," said SABC spokesman Kaizer Kganyago.
Judge Dennis Davis set aside Mr Motsoeneng’s appointment as "irrational and unlawful", but Communications Minister Faith Muthambi said she would appeal, while the SABC’s lawyers are studying the judgment to follow similar action.
Mr Motsoeneng’s long-running court battles stem from a damning public protector report released in February 2014, which found he had misrepresented his qualifications, irregularly increased his salary and purged senior staff who disagreed with him.
He was meant to face a disciplinary hearing following an earlier Supreme Court of Appeal (SCA) order that enforced the public protector’s recommendation that he be disciplined. But advocate William Mokhari, who is chairing the disciplinary hearing, on Thursday decided to shelve it saying the judgment in the High Court in Cape Town superseded the hearing. The start of the disciplinary hearing would depend on the outcome of the appeal, Mr Mokhari said.
The Democratic Alliance (DA), aggrieved that Public Protector Thuli Madonsela’s damning findings and remedial action against Mr Motsoeneng were being ignored, approached the courts last year to pronounce on the appointment and the public protector’s powers.
DA federal executive chairman James Selfe said on Friday the party would proceed with contempt proceedings against the SABC should it accept the "unlawful termination of the court-mandated disciplinary hearing of (Mr Motsoeneng)".
Mr Selfe explained that the DA approached the High Court in Cape Town with an application with two distinct legal parts: part A, which sought to have Mr Motsoeneng suspended and disciplined as an employee of the SABC for numerous counts of misconduct committed as the then acting chief operating officer and part B, which sought to have his promotion to permanent chief operating officer set aside.
"The DA was successful in both parts, meaning that Mr Motsoeneng is no longer chief operating officer, but, as he remains an employee of the SABC, he must still be disciplined and suspended. The legal position in this respect is clear and uncomplicated.
"The conduct of the disciplinary hearing of Mr Motsoeneng has been an insult to the rule of law," said Mr Selfe.
The DA’s lawyers on Friday wrote to the SABC to demand "reasons for this mockery of the SCA’s judgment", failing which the party will proceed urgently with contempt proceedings against the SABC, Mr Selfe said.
© BDlive 2015
Hlaudi Motsoeneng. Picture: GALLO IMAGES/ELIZABETH SEJAK
THE South African Broadcasting Corporation (SABC) on Friday confirmed that Hlaudi Motsoeneng remains in its employ, despite last week’s High Court judgment that set aside his permanent appointment as the broadcaster’s chief operating officer.
"The SABC wishes to clear up any confusion following the adjournment yesterday of the disciplinary hearing against Mr Motsoeneng. Pending the finalisation of the appeal process, Mr Motsoeneng is still the organisation’s (chief operating officer)," said SABC spokesman Kaizer Kganyago.
Judge Dennis Davis set aside Mr Motsoeneng’s appointment as "irrational and unlawful", but Communications Minister Faith Muthambi said she would appeal, while the SABC’s lawyers are studying the judgment to follow similar action.
Mr Motsoeneng’s long-running court battles stem from a damning public protector report released in February 2014, which found he had misrepresented his qualifications, irregularly increased his salary and purged senior staff who disagreed with him.
He was meant to face a disciplinary hearing following an earlier Supreme Court of Appeal (SCA) order that enforced the public protector’s recommendation that he be disciplined. But advocate William Mokhari, who is chairing the disciplinary hearing, on Thursday decided to shelve it saying the judgment in the High Court in Cape Town superseded the hearing. The start of the disciplinary hearing would depend on the outcome of the appeal, Mr Mokhari said.
The Democratic Alliance (DA), aggrieved that Public Protector Thuli Madonsela’s damning findings and remedial action against Mr Motsoeneng were being ignored, approached the courts last year to pronounce on the appointment and the public protector’s powers.
DA federal executive chairman James Selfe said on Friday the party would proceed with contempt proceedings against the SABC should it accept the "unlawful termination of the court-mandated disciplinary hearing of (Mr Motsoeneng)".
Mr Selfe explained that the DA approached the High Court in Cape Town with an application with two distinct legal parts: part A, which sought to have Mr Motsoeneng suspended and disciplined as an employee of the SABC for numerous counts of misconduct committed as the then acting chief operating officer and part B, which sought to have his promotion to permanent chief operating officer set aside.
"The DA was successful in both parts, meaning that Mr Motsoeneng is no longer chief operating officer, but, as he remains an employee of the SABC, he must still be disciplined and suspended. The legal position in this respect is clear and uncomplicated.
"The conduct of the disciplinary hearing of Mr Motsoeneng has been an insult to the rule of law," said Mr Selfe.
The DA’s lawyers on Friday wrote to the SABC to demand "reasons for this mockery of the SCA’s judgment", failing which the party will proceed urgently with contempt proceedings against the SABC, Mr Selfe said.
© BDlive 2015
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