DA's bid to get Motsoeneng suspended
The Democratic Alliance is planning to file an urgent application in the next two days to have SABC chief operating officer Hlaudi Motsoeneng suspended with immediate effect.
It says the public broadcaster is acting in contempt of court by allowing Motsoeneng to report for work every day.
This emerged on Wednesday as the Western Cape High Court heard an application, brought by the DA, to have Motsoeneng’s permanent appointment last year reviewed and set aside.
Last week, the Supreme Court of Appeal ruled that Motsoeneng must be suspended and face disciplinary charges as ordered by the Public Protector.
Thuli Madonsela found last year that Motsoeneng, who at the time held the post in an acting capacity, should face disciplinary charges for, among other reasons, fraudulently claiming that he had passed matric.
Motsoeneng was served with a notice of his disciplinary hearing on Monday, but the SABC has lodged an appeal with the Constitutional Court against the SCA ruling that he must be suspended.
SABC spokesperson Kaizer Kganyago confirmed on Wednesday that the hearing had been set down for October 30, but wouldn’t divulge the charges as he said it was “a matter between employer and employee”.
Earlier on Wednesday, Advocate Anton Katz SC, acting for the Democratic Alliance, told the court Motsoeng’s lie about his matric qualifications “was not a red light, it was a stop sign forever”.
Katz said Communications Minister Faith Muthambi had ignored a total of “eight findings against him” by Madonsela when she confirmed his appointment as permanent COO on July 8 last year.
Katz added: “We have a problem with the process (to appoint him) and his role in the process. We don’t have a problem with him.”
Western Cape High Court Judge Dennis Davis responded “you could have fooled me”.
Davis had stressed that the case he was hearing was not about whether Motsoeneng was innocent or guilty, but about whether Muthambi had acted rationally when she appointed him to the post in a permanent capacity.
He said “people are entitled to make a mistake in life, that’s no question, this is about whether the minister behaved as a rational decision maker should. Its not about Motsoeneng. What is important, is what we expect of our ministers”.
Davis said he was curious to know how long it took for Muthambi to decide on Motsoeneng’s permanent appointment.
Judgement in the case was reserved.