LAWYERS representing the SABC told the Western Cape High Court the DA cannot tell the public broadcaster who it can employ.
Advocate Stephan du Toit SC, acting for the SABC, said they regarded the DA’s move to have the reappointment of group executive of corporate affairs Hlaudi Motsoeneng declared invalid as unfair.
Du Toit was arguing on the second day of hearings into an application brought by the DA.
The DA believes he should not be in any senior position at the public broadcaster.
Du Toit argued that, “on the one hand the public protector’s findings are immutable, on the other hand he is entitled to a fair disciplinary hearing” and therefore the SABC faced a dilemma.
In September, Motsoeneng was moved from his position as chief operating officer to his new position.
This was after the Supreme Court of Appeal (SCA) dismissed his application for leave to appeal an earlier high court ruling, which found his appointment was irrational and unlawful.
Yesterday, Du Toit questioned “on what basis can the DA decide who is employed at the SABC, the DA cannot tell the SABC who they can employ”.
When Judge Owen Rogers, who is hearing the application with Judge Andre le Grange, asked, “so the court is powerless to deal with it”, Du Toit responded with an emphatic “yes”.
Du Toit said Motsoeneng’s appointment was a business decision and the “court cannot dismiss him as an employee”.
He said the public broadcaster regarded Motsoeneng as an asset and should be allowed to run its own affairs as it finds best.
“The fact that its shareholder is the state does not mean it's not an independent entity.”
Du Toit said the SABC conceded there were grounds for the review and setting aside of the disciplinary hearing.
He described the DA’s approach with regard to costs as “vindictive”.
The DA wants the court to order the “four horsemen”, which includes Motsoeneng and Communications Minister Faith Muthambi, pay the costs of the application in their personal capacities.
Motsoeneng’s supporters gathered outside the Western Cape High Court for a second day and chanted “Hands Off Hlaudi” as he left the court building during the lunch adjournment.