Cape Town – Democratic Alliance leader Mmusi Maimane has called for jail time for the South African Broadcasting Corporation's Hlaudi Motsoeneng, who on Monday faced suspension from the public broadcaster after a "devastating judgment against him".
Maimane described the ruling in the Western Cape High Court as a "significant victory for justice and democracy".
Last month, the DA brought an application to have Motsoeneng removed from his position as SABC Group Executive of Corporate Affairs. Their application also sought to have the outcomes of last year's disciplinary proceedings against him set aside.
Judge Owen Rogers ruled on Monday that Motsoeneng may no longer hold a position at the SABC, pending the outcome of fresh disciplinary proceedings, or if the public protector's 2014 findings are set aside.
Former Public Protector Thuli Madonsela's 2014 report found that Motsoeneng had been dishonest and had misrepresented his matric qualifications, had irregulary increased his own salary, purged the broadcaster of senior staff and abused his powers. The court found that the initial disciplinary hearing against him held last year was "wholly inadequate".
He lost his job as chief operating officer in September after the Supreme Court of Appeal dismissed his application for leave to appeal against a ruling by the Western Cape High Court‚ setting aside his permanent appointment. But he was then appointed Group Executive of Corporate Affairs.
After Monday's ruling, however, he will not be legally entitled to set foot in the SABC's offices.
DA leader Mmusi Maimane said: "As we speak right now, Mr Motsoeneng is not an employee of the SABC. He cannot go and work, if anyone finds him at work today they must make sure he is removed from the building. He cannot carry on being a blesser over December issuing away illegal contracts, making sure that he undermines the public protector's remedial action."
Motsoeneng was also ordered to personally pay the costs for the application. Maimane said he hoped this would stop him litigating "on the basis of taxpayer's money".
"The next move is for him to end up in jail," he said.
He accused the ruling African National Congress (ANC) of wanting to make the SABC a State broadcaster rather than a public broadcaster.
"Anyone who undermines the public protector's actions like Zuma, like Motsoeneng, should not in South Africa be allowed to roam around freely in our State institutions", he told reporters on the steps of the Western Cape High Court.
The court said Motsoeneng must seek legal advice as to whether he should be paid during his suspension and Maimane said he would be watching the process.
"We are of the view he doesn't deserve another cent from taxpayers. He should not be paid during that time, and I will personally watch that process. They should not pay a man who is effectively a swindler, who has made up his own matric results, who has been stealing money from South Africans, to me that is someone who should end up in prison, not as an employee of the SABC."
Motsoeneng was not present at court. Meanwhile, a parliamentary ad hoc committee inquiry set up to investigate the public broadcaster, was set to continue on Monday afternoon.