DA has not proved Motsoeneng is bad for the SABC - lawyer

2016-11-23 18:36
Hlaudi Motsoeneng (Felix Dlanagamandla, Netwerk24)

Hlaudi Motsoeneng (Felix Dlanagamandla, Netwerk24)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Cape Town - The DA has not provided any facts to prove that former SABC chief operating officer Hlaudi Motsoeneng is a danger to the state broadcaster, his lawyer said in the Western Cape High Court on Wednesday.

"There is a lot of speculation, but no fact," Advocate Andy Bester argued in Motsoeneng's personal capacity against the application to have him kicked out of the SABC.

He said that, contrary to popular belief, former Public Protector Thuli Madonsela did not recommend that Motsoeneng be forced out of his job, or any other job at the SABC, which the DA wanted the court to order.

Bester said the DA's demand that he be sacked was nothing more than an attempt to "backdoor" its own additions to her report, When Governance and Ethics Fail, which was released in February 2014.

The Public Protector required the SABC to implement her findings, and to deal with Motsoeneng, he said.

This meant a disciplinary inquiry.

Judicial review

The inquiry was held, and he was cleared, said Bester.

He said nowhere in Madonsela's report did it say he must not be employed at the SABC in any capacity.

Bester said there would be a judicial review of the report and there would be another disciplinary hearing for his client.

Even though a parliamentary ad hoc committee was looking into the matter, he said, the DA still could not wait a few months for it to be finalised.

Bester said there was a total lack of understanding of the authority of the findings of a Public Protector's report.

The Constitutional Court ruled in President Jacob Zuma's Nkandla matter on March 31 that the office's reports were binding.

Violating court procedure

However, Bester said current Public Protector Busisiwe Mkhwebane had written an affidavit for the current application. She emphasised that Motsoeneng's appointment to a position of authority or leadership would be improper until the SABC's review application had been finalised.

"With the greatest respect to the Public Protector, that is simply an opinion," said Bester.

Madonsela's report did not specifically say he could not be appointed, or should be sacked.

Bester said the DA claimed to have high regard for due process in its claim that the SABC's handling of the Motsoeneng matter had been a "charade" partly driven by Motsoeneng himself, yet it did not serve court papers on Motsoeneng for Tuesday's hearing, violating court procedure.

The DA simply delivered them to the Cape Town offices of the SABC, expecting the office to track him down, he said. It was a known fact, including in the DA, that Motsoeneng was based in Johannesburg. The party's actions left his lawyers with two days to prepare for the application.

He said Motsoeneng had been prejudiced and he should not have to pay the costs for what was essentially an SABC issue.

The application was adjourned to Thursday.

Read more on:    da  |  sabc  |  hlaudi motsoeneng  |  media

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

Inside News24

Competition regulation for a growing and inclusive economy

ADVERTORIAL: The Competition Commission of South Africa is conducting advocacy work in the South African automotive aftermarket industry and has gazetted a Draft Code of Conduct for public comment.


WATCH: Man films himself going down water slide upside down as things go very wrong…

What is at first an exciting tummy-turning adventure stunt, quickly turns into a scarily bad idea caught on camera. Take a look:


You won't want to miss...

WATCH: Conor McGregor: Notorious the trailer
Best date night restaurants in South Africa
WATCH: Ryan Reynolds offers fans a free tattoo in new Deadpool 2 teaser
Should you date your co-worker?
Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.