Hlaudi Motsoeneng cuts a controversial figure as some think the government is protecting him. Picture: GALLO IMAGES/ELIZABETH SEJAK
Hlaudi Motsoeneng. Picture: GALLO IMAGES/ELIZABETH SEJAK

THE South African Broadcasting Corporation (SABC) said on Sunday it was ready to welcome its chief operating officer, Hlaudi Motsoeneng, back to work after a disciplinary inquiry cleared him of wrongdoing.

This is despite a judgment by the High Court in Cape Town last month that set aside Mr Motsoeneng’s appointment, describing it as "irrational and unlawful".

Communications Minister Faith Muthambi, the SABC and Mr Motsoeneng have said they would appeal against the high court ruling, which means he is likely to remain in his position pending the finalisation of the court processes.

"The SABC accepts the ruling that cleared Mr Motsoeneng of all the three charges levelled against him…. This ruling paves the way for Mr Motsoeneng to return to work and to contribute meaningfully to the success of the public broadcaster, pending the finalisation of the appeal process," said Kaizer Kganyago, the SABC spokesman.

The disciplinary hearing against Mr Motsoeneng was concluded on Saturday, with hearing chairman Willem Edeling clearing him of wrongdoing. He cited insufficient evidence and disparities in the veracity of testimony between defence and prosecution witnesses.

The broadcaster had charged Mr Motsoeneng with gross dishonesty, gross misconduct and abuse of power. He pleaded not guilty to all three charges.

The charges were that Mr Motsoeneng had allegedly lied about his matric qualification, irregularly increased salaries and purged staff who disagreed with him.

This followed a Supreme Court of Appeal ruling that ordered a disciplinary process be instituted. The judgment also reaffirmed the powers of Public Protector Thuli Madonsela.

In a damning report released in February last year, Ms Madonsela found that Mr Motsoeneng had misrepresented his qualifications, irregularly increased his salary and purged senior staff.

Ms Madonsela then instructed the SABC to discipline him.

But Ms Muthambi then confirmed Mr Motsoeneng as the SABC’s chief operating officer. This prompted the Democratic Alliance (DA) to launch a two-part court challenge: firstly to force the SABC to adhere to the public protector’s recommendations, and secondly to set aside his permanent appointment. The DA was successful in both parts.

DA federal executive chairman James Selfe said at the weekend the disciplinary hearing was a "whitewash" and the party would "almost certainly take it under review".

Mr Motsoeneng’s lawyer, Zola Majavu, was not available for comment yesterday. However, he was reported to have welcomed the outcome of the disciplinary hearing, saying: "I never doubted him (Mr Motsoeneng)."