Quinton Mtyala
HLAUDI Motsoeneng was “The Chosen One”, the Western Cape High Court heard yesterday as the DA sought to have his permanent appointment as SABC chief operations officer set aside.
Outside the court, a group of protesters from the Ses’Khona Peoples Rights Movement toyi-toyied in support of Motsoeneng, wearing T-shirts emblazoned with his image and text above it which read “Hands Off Hlaudi!!”.
Last week, the Supreme Court of Appeals (SCA) upheld an earlier Western Cape High Court decision which ordered that Motsoeneng be suspended in terms of recommendations from the public protector, pending an internal inquiry over a finding that he had lied about being in possession of a matric certificate.
On the basis of the SCA finding, the DA applied to the Western Cape High Court to reverse a decision, taken in July last year, to permanently appoint Motsoeneng.
But the SABC indicated that it would challenge the SCA judgment in the Constitutional Court.
Seated in the benches reserved for the press he would prefer to see being licensed, Motsoeneng was quiet, only consulting with his legal team at lunchtime.
The DA’s legal counsel, Anton Katz, argued that Motsoeneng was appointed without a list of final candidates having been drawn up, or an interview process.
“There were no interviews, no shortlisting. The recommendation and appointment had not complied with the SABC’s charter. The only conclusion was that the man was more important than the rule of law,” argued Katz.
He said Communications Minister Faith Muthambi had acted “on a whim” in seemingly rushing through Motsoeneng’s appointment.
While Muthambi, in her submission, argued that Motsoeneng had achieved “great things at the SABC”, there was no mention of the findings against him by the Public Protector, which cite his mismanagement and purging of opponents inside the corporation.
SABC counsel Ngwako Maenetje said Motsoeneng’s insistence that he clear his name was not a concession to the public protector’s report into his appointment. “There will be a disciplinary hearing, at a time to be determined.”
Judge Dennis Davis fired back that he could not ignore the finding of the SCA. The hearing continues today.
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