Cape Town - The official opposition is considering getting another court order to block SABC chief operations officer Hlaudi Motsoeneng from going to work until all appeals have been finalised.
This was based on the fact that Motsoeneng’s application for leave to appeal was dismissed by the Western Cape High Court, rendering him no longer an employee of the public broadcaster.
DA federal executive chairman James Selfe said on Monday that a court order would be the only way to ensure the ruling was enforced.
“Our advice is that he has ceased to be an employee of the SABC because the original order was that he was unlawfully employed,” said Selfe.
“He shouldn’t go to work because he is no longer an employee of the SABC.”
In refusing Motsoeneng’s application for leave to appeal, the Western Cape High Court had found that he was illegally appointed by Communications Minister Faith Muthambi.
SABC spokesman Kaizer Kganyago confirmed that the public broadcaster would petition the Supreme Court of Appeal (SCA).
Selfe said the matter needed to be brought to finality as the party had won both the first and second round against the public broadcaster.
He said the court judgment was a victory for the public and that the refusal of leave to appeal should force Motsoeneng to remain at home.
Kganyago said the SABC would not become involved in a public debate because its lawyers would be attending to the case.
Selfe said the DA would discuss the matter with its lawyers with a view to applying for another order compelling Motsoeneng to stay away from Auckland Park.
The order would prevent Motsoeneng from going to the SABC to perform any duties because legally he was no longer an employee.
The original order of the high court has come into effect following the dismissal of Motsoeneng’s application for leave to appeal.
Selfe said the appeal process may take some time and the implementation of the original order was appropriate.
Kganyago said the SABC would petition the SCA but declined to discuss the merits of the case.
Motsoeneng has been involved in protracted legal battles with the DA over the past three years.
The DA has been fighting to have him removed from the position because he was appointed illegally.
Selfe said the DA had once again been vindicated by the court after it dismissed Motsoeneng’s application for leave to appeal.
Political Bureau