THE Democratic Alliance (DA) has approached the High Court in Cape Town requesting that it set aside the disciplinary inquiry into South African Broadcasting Corporation (SABC) chief operating officer Hlaudi Motsoeneng on the basis that it was flawed.
Mr Motsoeneng was cleared of charges that he misrepresented his qualifications and abused his power despite a finding by Public Protector Thuli Madonsela to the contrary.
Her report, When Governance and Ethics Fail, was released in February 2014 and has been the subject of High Court and Supreme Court of Appeal cases.
Ms Madonsela had recommended that Mr Motsoeneng face disciplinary action. But in December, hearing chairman Willem Edeling dismissed all charges, citing insufficient evidence and disparities between the testimony of defence and prosecution witnesses.
James Selfe, chairman of the DA’s federal executive, said on Thursday the hearing "amounted to nothing more than a stitch-up to shield him (Mr Motsoeneng) from accountability, which we contend is at odds with the remedial actions as ordered by the Public Protector".
"To this end we also seek for the court to re-establish an independent and impartial disciplinary inquiry into Mr Motsoeneng’s fitness to hold office," Mr Selfe said.
The DA wants the inquiry to be presided over by a new and independent person, appointed by the SABC board and not Communications Minister Faith Muthambi.
The party also wants the new inquiry to begin within 14 days of the order and to be completed within 60 days.
It is also seeking Mr Motsoeneng’s suspension pending the outcome of the new disciplinary inquiry.
Mr Selfe said at the time of the first inquiry the DA was concerned but unsurprised that Mr Motsoeneng’s disciplinary hearing was the "whitewash we always suspected it would be".
"This action was born from a review application brought by the DA in which we sought to have Mr Motsoeneng suspended pending the outcome of a disciplinary inquiry that needed to be independent, fair and comprehensive.
"This most recent action by the DA is necessary because the chairperson of the original disciplinary ‘discharged’ the charges levelled against Mr Motsoeneng," said Mr Selfe.
Mr Motsoeneng pleaded not guilty to all three charges levelled against him — gross dishonesty, orchestrating purges and improperly dismissing employees at the public broadcaster.
Mr Selfe said the chairperson of the disciplinary inquiry was appointed only a week before it began and did not allow himself to consider all the facts properly.
In addition to this, Mr Selfe said, the hearing itself was truncated and key witnesses were not called or were unavailable to provide crucial evidence in relation to Mr Motsoeneng’s gross misconduct.
He said the disciplinary inquiry ordered by the Public Protector was not satisfactorily engaged with, which was "bizarre considering that this was the disciplinary inquiry the Public Protector ordered".
Judgments by the High Court in Cape Town — setting aside his permanent appointment — and the Supreme Court of Appeal — confirming the Public Protector’s powers and ordering his suspension pending a disciplinary inquiry — also were not duly engaged.
"It is completely preposterous that the chairperson can come to the determination that Mr Motsoeneng is a suitable person to hold his position … we submit that the original disciplinary was a farcical stitch-up job," said Mr Selfe.
Commenting on the DA pursuing a legal review of the hearing’s outcome, Mr Motsoeneng’s lawyer, Zola Majavu, said last month: "It’s up to them to do what they wish. They are not a party or were not a party to the internal (hearing). I fail to see why they would be an interested party in the legal sense.
"His employer has accepted the outcome of the (disciplinary hearing) which was pursuant to the court order giving effect to Public Protector’s remedial action, which our client accepted a long time ago."
Hlaudi Motsoeneng takes a call during his hearing in Sandton. Picture: FREDDY MAVUNDA
THE Democratic Alliance (DA) has approached the High Court in Cape Town requesting that it set aside the disciplinary inquiry into South African Broadcasting Corporation (SABC) chief operating officer Hlaudi Motsoeneng on the basis that it was flawed.
Mr Motsoeneng was cleared of charges that he misrepresented his qualifications and abused his power despite a finding by Public Protector Thuli Madonsela to the contrary.
Her report, When Governance and Ethics Fail, was released in February 2014 and has been the subject of High Court and Supreme Court of Appeal cases.
Ms Madonsela had recommended that Mr Motsoeneng face disciplinary action. But in December, hearing chairman Willem Edeling dismissed all charges, citing insufficient evidence and disparities between the testimony of defence and prosecution witnesses.
James Selfe, chairman of the DA’s federal executive, said on Thursday the hearing "amounted to nothing more than a stitch-up to shield him (Mr Motsoeneng) from accountability, which we contend is at odds with the remedial actions as ordered by the Public Protector".
"To this end we also seek for the court to re-establish an independent and impartial disciplinary inquiry into Mr Motsoeneng’s fitness to hold office," Mr Selfe said.
The DA wants the inquiry to be presided over by a new and independent person, appointed by the SABC board and not Communications Minister Faith Muthambi.
The party also wants the new inquiry to begin within 14 days of the order and to be completed within 60 days.
It is also seeking Mr Motsoeneng’s suspension pending the outcome of the new disciplinary inquiry.
Mr Selfe said at the time of the first inquiry the DA was concerned but unsurprised that Mr Motsoeneng’s disciplinary hearing was the "whitewash we always suspected it would be".
"This action was born from a review application brought by the DA in which we sought to have Mr Motsoeneng suspended pending the outcome of a disciplinary inquiry that needed to be independent, fair and comprehensive.
"This most recent action by the DA is necessary because the chairperson of the original disciplinary ‘discharged’ the charges levelled against Mr Motsoeneng," said Mr Selfe.
Mr Motsoeneng pleaded not guilty to all three charges levelled against him — gross dishonesty, orchestrating purges and improperly dismissing employees at the public broadcaster.
Mr Selfe said the chairperson of the disciplinary inquiry was appointed only a week before it began and did not allow himself to consider all the facts properly.
In addition to this, Mr Selfe said, the hearing itself was truncated and key witnesses were not called or were unavailable to provide crucial evidence in relation to Mr Motsoeneng’s gross misconduct.
He said the disciplinary inquiry ordered by the Public Protector was not satisfactorily engaged with, which was "bizarre considering that this was the disciplinary inquiry the Public Protector ordered".
Judgments by the High Court in Cape Town — setting aside his permanent appointment — and the Supreme Court of Appeal — confirming the Public Protector’s powers and ordering his suspension pending a disciplinary inquiry — also were not duly engaged.
"It is completely preposterous that the chairperson can come to the determination that Mr Motsoeneng is a suitable person to hold his position … we submit that the original disciplinary was a farcical stitch-up job," said Mr Selfe.
Commenting on the DA pursuing a legal review of the hearing’s outcome, Mr Motsoeneng’s lawyer, Zola Majavu, said last month: "It’s up to them to do what they wish. They are not a party or were not a party to the internal (hearing). I fail to see why they would be an interested party in the legal sense.
"His employer has accepted the outcome of the (disciplinary hearing) which was pursuant to the court order giving effect to Public Protector’s remedial action, which our client accepted a long time ago."
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