Parliament - SABC chief operating officer Hlaudi Motsoeneng is refusing to go.
There are growing calls for him to resign after the Supreme Court of Appeal in Bloemfontein (SCA) threw out his application for leave to appeal a high court ruling that his appointment to the post was irrational and should be set aside.
Motsoeneng wants the SABC to give him another position at the public broadcaster if he is removed as chief operating officer as directed by the court.
His lawyer indicated on Monday that Motsoeneng would not appeal the SCA judgment in the Constitutional Court because there were no constitutional issues to raise with the highest court in the land.
The SCA found on Monday that Motsoeneng’s appointment was invalid and irrational. The court said his appointment must be set aside.
On Monday, Motsoeneng’s lawyer, Zola Majavu, said his client was waiting for the SABC to decide his fate.
SABC spokesman Kaizer Kganyago said a decision on the judgment had not been taken. “Our lawyers are studying the judgment and they are not in a position to give us what the way forward will be.”
Last year, Judge Dennis Davis ruled in the Western Cape High Court that given the adverse findings of Public Protector Thuli Madonsela against Motsoeneng, it had been irrational on the part of Communications Minister Faith Muthambi to appoint him as COO in a permanent capacity.
The Democratic Alliance, which brought the application that resulted in that ruling, said the SCA’s decision meant the SABC had to remove Motsoeneng. The party said on Monday that Motsoeneng must go and stop wasting everyone’s time.
The SACP, which has also campaigned strongly for the removal of Motsoeneng, said it welcomed the judgment and called on Motsoeneng to resign.
“The SACP maintains that Motsoeneng was appointed unfairly. Due processes were not followed. The appointment was characteristic of favouritism in the form of a job reservation of a special type exclusively benefiting Motsoeneng with any suitably qualified candidate denied an equal right to apply.
“ As a public institution, the SABC must follow the law, applicable regulations, policies and due processes.”
The Communications Ministry on Monday said it noted the SCA’s ruling. “The ministry is studying the judgment and is confident that the board of the SABC will make an informed decision on how it intends to handle this ruling,” a statement said .
Political Bureau and ANA