Hlaudi Motsoeneng. Picture: MARTIN RHODES
Hlaudi Motsoeneng. Picture: MARTIN RHODES

THE Democratic Alliance (DA) has labelled controversial SABC chief operations officer Hlaudi Motsoeneng an admitted liar and fraud in an urgent high court application to have him removed from office.

The party filed its founding affidavits in the Western Cape High Court on Wednesday and the summonses were being delivered to the nine respondents on Thursday.

The case is set to be heard on August 19, two days after the SABC’s deadline for complying with the recommendations of Public Protector Thuli Madonsela’s report that found against Mr Motsoeneng’s appointment as acting operations chief.

Two weeks ago Communications Minister Faith Muthambi surprised when she announced that she found nothing wrong with the SABC board’s decision to make his appointment permanent.

At the time Ms Muthambi described her endorsement as rational because she had taken into account the public protector’s report, and a report of a law firm that found Mr Motsoeneng free of any wrongdoing, as well as the SABC’s articles of association.

The DA’s court action may not be the only one on the matter.

The Economic Freedom Fighters have also threatened court action to have Mr Motsoeneng removed.

The appointment of Mr Motsoeneng — rumoured to be closely associated with President Jacob Zuma — has also caused the ruling African National Congress (ANC), and its allies, the South African Communist Party (SACP) and the Congress of South African Trade Unions, to express criticisms.

In papers the DA said the public protector’s damning findings on Mr Motsoeneng were unchallenged.

"Motsoeneng is an admitted liar and fraudster. He has wasted tens of millions of rands of public money to benefit himself and his friends, and to attack his enemies.

"He has consistently ignored the legislation and regulations governing the SABC to further his own ends. He has almost single-handedly undermined the independence of the SABC and perpetuated a crisis of governance at the public broadcaster. Every minute that he spends in a position of power at the SABC is a further threat to this already failing institution," it said.

"If the SABC is to be put back on a path towards stability and independence, it must start with Motsoeneng being suspended and disciplinary charges being instituted against him.

"That is what the public protector recommended, and that is what the DA seeks to achieve."

The DA also claims the SABC board and Ms Muthambi have blatantly ignored findings and recommendations of the public protector.

On Thursday SACP second general secretary Solly Mapaila wrote in the party’s online newsletter that Mr Motsoeneng’s appointment threatened trust between the government, the ANC, its alliance partners and "the people as a whole".

He wrote that it was clear that the appointment of Mr Motsoeneng without the post being advertised in terms of general employment law, best practice and SABC statutes was irrational and probably unlawful.

"The appointment constitutes unfair discrimination towards other suitably qualified candidates," Mr Mapaila wrote.