SABC’s lawyer interdicted in ‘fraud’ case

2016-12-15 17:10

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Cape Town - The SABC’s lawyer Lucky Thekisho was recently interdicted from making fraudulent misrepresentations in a case brought against him, court papers have shown.

On October 28, the High Court in Pretoria found that Thekisho had acted fraudulently in certain respects in representing the Higher Education Transformation Network, a non-profit network of graduates and alumni at various institutions of higher learning.

The network took Thekisho and five others to court to prevent them from continuing to use the group’s logo and trademark, despite many previous demands to desist.

Thekisho co-founded the network, but was removed from the board on January 23, 2016.

Despite this, he and the five continued to fraudulently represent the group, the court said.

Acting Judge E Swartz ordered them to desist from using the group’s logo and likeness, and to refrain from issuing public statements on the group’s behalf.

Swartz said Thekisho’s replying affidavit was a “bare denial”, and that the group’s conduct was wrong and harmful. Thekisho has lodged an appeal against the judgment.

Thekisho wrote to Parliament’s ad hoc committee looking into the SABC board last week, indicating that the broadcaster would only cooperate partially in its request to submit key documents.

He said ten documents were either not in the SABC’s commercial interests to reveal, or not in the broadcaster’s possession. They included those relating to the appointment of former COO Hlaudi Motsoeneng to group executive of corporate affairs in September.

The SABC eventually handed over 400 documents to the committee on Saturday.

Ad hoc committee chairperson Vincent Smith said on Thursday that they did not yet know if the requested documents were among them.

Smith said Thekisho Incorporated Attorneys owed Parliament "big time" for wasting taxpayers' money and stalling the process.

He also questioned on whose authority and in which capacity Thekisho was representing the broadcaster, as the board is currently inquorate and without decision-making abilities.

  • UPDATE

Thekisho complained about a previous version of this story, claiming that it gave the impression that he had been criminally convicted of fraud. We have amended the story in this regard and for the record confirm that he was not criminally convicted of fraud. Thekisho was however found to have acted fraudulently by a civil court. In this regard Thekisho through his attorney stated that there was a “legitimate dispute” regarding the HETN and that his use of the HETN logo and trademark was in good faith. He is appealing the judgment. We apologise for any confusion that the original story may have caused. 

Read more on:    sabc  |  parliament  |  media

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