DA believes SABC in contempt of court for not suspending COO

2015-10-14 18:30
(Picture: Simone Kley)

(Picture: Simone Kley)

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Cape Town – The DA intends to apply to the Western Cape High Court to have the SABC held in contempt of court for not suspending its chief operations officer, Hlaudi Motsoeneng.

"The DA intends to bring an urgent application tomorrow [Thursday], to be heard next week, holding that Mr Motsoeneng and the SABC are in contempt of court," the party’s lawyer Anton Katz said in the high court.

He addressed Judge Dennis Davis during the DA’s application to have the decision to appoint Motsoeneng set aside on the basis it was irrational.

Davis told Katz he was fascinated. "In reality, it has nothing to do with me," the judge said.

Katz said he thought it inappropriate not to mention it.

The party's federal executive chairperson, James Selfe, had indicated their lawyers gave the SABC a 14:00 deadline on Wednesday to effect the suspension as per a judgment by the Supreme Court of Appeals (SCA).

The SCA recently upheld a Western Cape High Court order by Judge Ashton Schippers that Motsoeneng be suspended for 60 days while a disciplinary hearing into his alleged malfeasance was conducted.

'I will be found not guilty'

Motsoeneng on Tuesday filed an application in the Constitutional Court for leave to appeal the SCA judgment in respect of the suspension.

According to his affidavit, he was also given notice on Monday to appear at a disciplinary hearing on October 30.

Motsoeneng stated under oath that the relief granted by Schippers went beyond the remedial action taken by Public Protector Thuli Madonsela, in her report into governance at the SABC, When Governance and Ethics Fail.

He argued in the affidavit that Madonsela had not once suggested that he be suspended, and that doing so violated his rights to dignity and fair labour practice.

SABC spokesperson Kaizer Kganyago said on Wednesday that the public broadcaster would not divulge the charges against Motsoeneng as the matter was between "employer and employee".

Motsoeneng said in his affidavit: "I have no doubt that I will be found not guilty of the charges that have been instituted against me."

Having listened to various arguments in the DA application, Davis reserved judgment.

Read more on:    da  |  sabc  |  hlaudi motsoeneng

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