SABC: DA to approach High Court to have Motsoeneng declared unfit for the broadcaster

10 October 2016

After consultation with legal counsel, the DA has decided to approach the Western Cape High Court to have the appointment of former SABC COO, Hlaudi Motsoeneng, as Group Executive of Corporate Affairs declared invalid. In so doing we are asking the courts to make a determination that Mr Motsoeneng is not a fit an proper person to hold any position at the SABC, much less at executive level given a slew of adverse judicial findings against his qualifications and conduct throughout his tenure.

The DA also has concerns about the legitimacy of the constitution of the SABC Board itself and whether its conduct is compliament with the prescripts of the Broadcasting Act which governs it. As such, the DA will also be asking the courts to make a determination of the suitability of the incumbent Board and proffer legal certainty on how the Board is to be dissolved and a new one appointed.

Mr Motsoeneng and the SABC Board have been the subject of scathing judgments by the Western Cape High Court and the Supreme Court of Appeal (SCA). 

Mr Motsoeneng, aided and abetted by a dysfunctional SABC Board and the Minister of Communications, Faith Muthambi, has for too long gotten his way, while at the same time undermining the Public Protector, the Judiciary and the people of South Africa.

Just yesterday ANC Chief Whip, Jackson Mthembu, finally acknowledged that the reshuffling of Mr Hlaudi Motsoeneng to a new position is “illogical” on the basis of the Public Protector’s egregious findings against his initial appointment and the numerous court judgements reaffirming this.

It is never ideal to approach our nations Judiciary on these matters but has become necessary in the face of uncooperative government agencies who refuse to give effect to their statutory obligations to operate in the public interest.

The DA is committed to restoring the integrity and independence of the SABC, and the first step, is to ensure that it has the right leadership. As such, it will participate fully in in all processes to reestablish the credibility and integrity of the public broadcaster.

The DA will therefore brief the media on further details of our court action in due course.

Issued by James Selfe, Chairperson of the DA’s Federal Executive, 10 October 2016