Motsoeneng’s taxpayer-funded bids are without legal basis
The DA will approach the High Court today seeking an order of contempt against the SABC for refusing to implement the suspension of its Chief Operating Officer (COO), Hlaudi Motsoeneng, which suspension was confirmed by the Supreme Court of Appeal (SCA).
To this end; the DA has filed its answering affidavit to Mr Motsoeneng's Application for Leave to Appeal to the Constitutional Court. We submit that Mr Motsoeneng’s application is without merit and amounts to an abuse of court process and a waste of public money. Further to this it is an appropriate case in which the cost awards should be made against Mr Motsoeneng personally for his vexatious litigation.
The appeal is without legal basis. The SCA ruled that the order of suspension is not appealable as it is an interim order. Mr Motsoeneng's application to the contrary ought to be dismissed.
Mr Motsoeneng is, as a matter of law, suspended. Despite knowing all of this Mr Motsoeneng is still attending the offices of the SABC and acting as though he still has the powers of the COO when the law is expressly clear that he does not, pending the outcome of his Disciplinary Inquiry scheduled to begin on 30 October 2015. This is a contemptuous demonstration of disdain for the Rule of Law and the dictates of due process, by Mr Motsoeneng and the SABC.
It is vital that Mr Motsoeneng's suspension be implemented while he is the subject of a Disciplinary Inquiry so that he can not compromise the integrity of the Inquiry.
In the DA’s endeavour to safeguard our nation’s constitutional institutions, we ensured that Mr Motsoeneng was suspended through Court.
Motsoeneng is bad news for the SABC and bad news for South Africa. He is a key figure in the ongoing ‘Zumafication’ of the public broadcaster and has been protected and promoted despite several findings against him. We hope that the SABC will see this Inquiry as an opportunity to finally hold Mr. Motsoeneng accountable for his actions.
Issued by James Selfe, Chairperson of the DA's Federal Executive, 16 October 2015