Embattled Hlaudi Motsoeneng is officially an an “ordinary employee” as of today, Tuesday, states lawyer Zola Majavu.
The Supreme Court of Appeal on Monday rejected the request for leave to appeal against a High Court ruling that set aside his permanent appointment.
As Motsoeneng’s appeal related to his dismissal as COO he is still a full-time employee of the SABC. The Ministry of Communications is aware of the SCA’s judgment.
“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,” spokesperson Mish Molakeng said in a statement.
Motsoeneng’s application for leave to appeal was dismissed with costs on the grounds that it had no reasonable prospect of success. There was no other compelling reason why it should be heard, the SCA said in its judgment, which the DA posted on social media.
Public Protector Thuli Madonsela found in a report released in February 2014, that Motsoeneng lied about his qualifications when he applied for the post of COO, that he hiked his salary from R1.5m to R2.4m in one year, and purged senior staff.
Despite these adverse findings, Communications Minister Faith Muthambi confirmed his permanent appointment by the board.
In November 2015, the Western Cape High Court found Motsoeneng’s appointment was irrational and unlawful and set it aside. The DA brought the application. On May 23 this year, Judge Dennis Davis dismissed his application for leave to appeal.
The DA got a court order forcing the SABC to hold a disciplinary hearing against him, but he was cleared of the charges in December 2015.