SABC employee Hlaudi Motsoeneng takes a call during his hearing in Sandton, which closed on Thursday. Picture: FREDDY MAVUNDA
SABC employee Hlaudi Motsoeneng takes a call during his hearing in Sandton, which closed on Thursday. Picture: FREDDY MAVUNDA

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SABC employee Hlaudi Motsoeneng might soon be back at work after his disciplinary hearing was halted abruptly on Thursday.

Advocate William Mokhari terminated the proceedings, saying the judgment in the High Court in Cape Town delivered by Judge Dennis Davis last week superceded the hearing.

Judge Davis set aside Mr Motsoeneng’s permanent appointment as chief operating officer by the board last year, saying that the SABC’s recommendation to appoint Mr Motsoeneng was "irrational". Communications Minister Faith Muthambi has indicated she will appeal against the ruling.

"It is not clear to me why these two parallel processes (appeal and disciplinary hearing) were allowed to continue together given that the conclusion of one of them (the High Court verdict) first could effectively extinguish the other process," said Mr Mokhari.

On the hearing, he appreciated the "predicament the SABC was confronted with because it was a court order, which obliged the SABC to convene a disciplinary inquiry on pain of contempt of court if it failed to do so".

The start of the disciplinary hearing depended on the outcome of the appeal Mr Motsoeneng had lodged with the SABC and Ms Muthambi, he said.

Mr Motsoeneng’s attorney, Zola Majavu said on Thursday he had never been suspended, but had instead volunteered to take leave.

"Now that the disciplinary process has been terminated, he can report for duty," said Mr Majavu.

He said he had sent a letter to the SABC on Thursday informing it that Mr Motsoeneng was ready to return to work. However, this depended on whether the broadcaster wanted him to come back or not, Mr Majavu said.

It is not clear which position Mr Motsoeneng will be returning to if he goes back to work.

However, labour law expert Tom Healy said Mr Mokhari’s call was incorrect.

The fact that Mr Motsoeneng was no longer the chief operating officer should not have stopped the disciplinary proceedings.

"His guilt must be assessed on evidence presented during the hearing … his status as an employee is not in dispute," said Mr Healy. He said that his misconduct transcended his position.

James Selfe of the Democratic Alliance said the party had expected the turn of events.

Labour lawyer Andrew Levy said he also was not sure that the disciplinary hearing should have been terminated.

If the SABC chose not to continue with Mr Motsoeneng’s employment, it would have to find a reason to fire him.

If it chose to keep him in its employ, it would have to find a job for him, said Mr Levy.

The SABC had not responded to enquiries by the time of going to print.