Thuli’s report best captures SABC rot

Public Protector Thuli Mandonsela. File picture: Neil Baynes

Public Protector Thuli Mandonsela. File picture: Neil Baynes

Published Jul 17, 2016

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Johannesburg - There is no document that better gives a full glimpse into the genesis of the SABC chaos than the public protector’s report, “When Governance and Ethics Fail.”

The report dealt with systemic corporate governance failures at public broadcaster’s core - expediency, poor human resources management and a dysfunctional board - which were said to be primarily due to manipulative scheming by the SABC’s chief operating officer, Hlaudi Motsoeneng.

Thuli Madonsela’s probe followed claims that Motsoeneng lacked the requisite competencies for his post and “manipulated” primarily new boards to have his way and purge colleagues who stood in his way. Madonsela found all these to be true.

She said: “The allegation that the appointment of Motsoeneng as acting chief operating officer was irregular is substantiated. By allowing Motsoeneng to act for a period in excess of three months without the requisite board resolution and exceeding the capped salary allowance, the board acted in violation of the SABC’s 19.2 Articles of Association which deals with appointments.”

The Broadcasting Act, which regulates acting appointments was flouted and this constituted improper conduct and maladministration.

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“The former SABC board’s chairman Dr Ben Ngubane further acted irregularly when he ordered that the qualification requirements for the appointment to the position of chief operating officer be altered to remove academic qualifications as previously advertised, which was clearly aimed at tailor-making the advert to suit Motsoeneng.”

The allegation that Motsoeneng’s salary progression was irregular was also substantiated in that Motsoeneng received salary appraisals three times in a year “hiking his salary as executive manager stakeholder relations from R 1.5 million to R2.4m. His salary progression as the acting chief operations officer concomitantly rose irregularly from R122 961 to R211 172 (63 percent) in 12 months”. This constituted improper conduct and maladministration.

“While I have accepted the argument presented by Motsoeneng, the current group chief executive and the chairman of the board, that salary increases at the SABC are negotiated without any performance contracts or notch-increase parameters, I am unable to rule out bad faith... three salary increases in one fiscal year resulting in Motsoeneng’s salary being almost doubled.

“My discomfort is accentuated by the fact that all were triggered by him presenting his salary increase requests to new incumbents who would have legitimately relied on him for guidance on compliance. It cannot be said he did not abuse power and/or his position to unduly benefit himself.”

The SABC’s HR department failed to keep proper records regarding Motsoeneng’s documentation and other HR matters, actions which Madonsela also found to be improper conduct and maladministration.

Sunday Independent

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