Cape Town – The Democratic Alliance has petitioned the Supreme Court of Appeal to deny the SABC and Communications Minister Faith Muthambi leave to appeal a high court ruling that her appointment of the public broadcaster’s controversial chief operations officer Hlaudi Motsoeneng was irrational.
In an affidavit to the court, the DA’s James Selfe argued that in the long legal battle his party has fought to have Motsoeneng’s appointment set aside, the courts have consistently held that it was “logically and legally indefensible” to give him the job in the face of findings of maladministration against him by Public Protector Thuli Madonsela.
“Despite repeated findings by the Western Cape High Court, and a finding by this court that their conduct was irrational and unlawful, they persist in wasting taxpayers money to delay the inevitable – the removal of Mr Motsoeneng as COO.”
Selfe added that there was no merit to the application for leave to appeal that which the minister and SABC filed, as the central issue - the standing of directives by the Public Protector - had been settled in recent cases before the SCA and the Constitutional Court.
He said the appeal court should therefore dismiss the application without further delay.
The DA’s petition to the court comes a day after Motsoeneng said he would not heed an order by the Independent Communications Authority of South Africa (Icasa) that the SABC must reverse an editorial ban on airing footage of violent protests.
Selfe said that ban, along with a reported directive by Motsoeneng not to air news that reflected negatively on President Jacob Zuma and the sidelining of reporters who refused to implement censorship made it plain that the only way the SABC could recover its credibility was to remove him from his post.
“The DA calls on Mr Motsoeneng and the SABC to stop their vexatious litigation, drop his petition to the SCA and tender his resignation. This is the only way that the process to restore the SABC’s credibility can begin,” he said.
“The ANC and Mr Motsoeneng cannot be allowed to turn the public broadcaster into an instrument to take out political opponents and in the process violate constitutional provisions they are duty-bound to uphold.”
He added that the official opposition was optimistic that the SCA would decline “any petitions that will result in Mr Motsoeneng keeping his job”.
African News Agency