SABC: Motsoeneng’s SCA petition a waste of the Courts time for which he should pay
27 July 2016
A founding affidavit filed by the SABC COO, Hlaudi Motsoeneng, represents the height in frivolous litigation for which he should be held personally liable and pay the costs for this abuse of court process and the taxpayers’ money.
Mr Motsoeneng’s petition to the Supreme Court of Appeal (SCA) on a matter that it has already ruled on decisively is an abuse of our judicial system and he should personally bare the financial costs in this matter and indeed in all the court applications that have been shown-up to be strikingly without merit.
Mr Motsoeneng has lodged a petition to the SCA seeking leave to appeal the judgment by Davis J setting aside his permanent appointment as SABC COO.
Indeed the Western Cape High Court already found that the three government respondents ignored the remedial action ordered by the Public Protector which the SCA slated is “irrational and unlawful”. To petition the SCA again on this matter is in itself irrational and a desperate attempt by the SABC and Minister Muthambi to protect a COO who has all but driven the public broadcaster into the ground.
The SCA ruled definitively that “the office of the Public Protector, like all Chapter Nine institutions, is a venerable one. Our constitutional compact demands that the remedial action taken by the Public Protector should not be ignored…any affected person or institution aggrieved by a finding, decision or action taken by the Public Protector might…challenge that by way of a review application.”
In any event, this matter need not be brought before the SCA because the force and effect of Public Protector’s powers has already been adjudicated by the Constitutional Court in the landmark Nkandla judgement.
In light of this established legal precedent we contend that Mr Motsoeoeng and Minister Muthambi, who irrationally appointed him should immediately abandon this court application. Failing which the SCA must dismiss this leave to appeal as this matter has already been decided by South Africa’s apex court. And for that he must pay personally.
Just yesterday the Labour Court found that his purge of 4 of the SABC 8 was “unlawful”. Despite this scathing indictment by the Court Mr Motsoeoeng has announced his intention to appeal this decision at a further waste of taxpayer rands. We contend that should Mr Motsoeoeng proceed with such court action which is likely to be as unsuccessful as all his other court action; he should also pay the costs in full in this matter.
The DA therefore calls on Mr Motsoeneng and the SABC to stop their vexatious litigation, drop his petition to the SCA and tender his resignation. This is the only way that the process to restore the SABC’s credibility can begin.
The ANC and Mr Motsoeneng cannot be allowed to turn the public broadcaster into an instrument to take out political opponents and in the process violate constitutional provisions they are duty-bound to uphold.
While going to the courts is not the most desirable course of action; other remedies have proved unsuccessful and we are optimistic that the court will decline any petitions that will result in Mr Motsoeneng keeping his job.
Issued by Samkelo Mgobozi, Manager, DA's Press Office, 27 July 2016
