Cape Town - Friday will be a “normal day” for SABC chief operating officer Hlaudi Motsoeneng, despite a high court order that he should be suspended pending the outcome of a disciplinary inquiry.
He is likely to remain in his position for the foreseeable future, while various court processes unfold.
Speaking shortly after the judgment outside the Western Cape High Court on Thursday, Motsoeneng told Independent Media his lawyers had informed him they had already appealed against the order, and their advice was for him to go to work in the interim.
“The lawyers should do what they’re supposed to do; mine is to focus on my work and ensure myself and the team at the SABC succeed in making sure it is financially sustainable and, from the content side, that it appeals to the bigger audience in South Africa.
“For me, it’s a normal day,” Motsoeneng said.
Alluding to the reasons given by Judge Ashton Schippers for his finding there would be irreparable harm to the SABC and the public should he remain at work, including that there was “a culture of dishonesty, impunity and abuse of power” at the public broadcaster, Motsoeneng said he didn’t wish to argue with the judge.
“Let my lawyers deal with those matters,” he said.
Motsoeneng’s lawyer, Zola Majavu, confirmed they had lodged notice of their appeal immediately after the judgment, which meant it would not come into effect pending the outcome.
Motsoeneng had an automatic right to appeal under the Superior Courts Act, which he would do before a full bench of the Western Cape High Court, Majavu said.
Should he fail in that court, he would also be able to appeal to the Supreme Court of Appeal.
He showed Independent Media confirmation by e-mail that the SABC would also be appealing Judge Schippers’s order.
Majavu said even if they had not appealed, Motsoeneng would not have been suspended until the SABC instituted disciplinary charges and, in any event, it could run a weak case against him resulting in his return to work within weeks.
The SABC disputed the authority of the court to instruct it to proceed with disciplinary charges when it had already investigated the matter, and found no grounds on which to discipline Motsoeneng.
This comes after the judge on Thursday granted Motsoeneng, the SABC and Communications Minister Faith Muthambi leave to appeal against his ruling in October that Motsoeneng be suspended and disciplinary steps be taken against him and concluded within 60 days.
Court orders are usually parked while the appeal process plays out, but Judge Schippers granted a DA application for his October ruling to be implemented, finding there were exceptional circumstances that warranted it.
Motsoeneng and the SABC are appealing both this order for the implementation of his ruling and the October judgment itself.
The case arises from a report by Public Protector Thuli Madonsela after she investigated complaints by SABC staff of systemic maladministration, improper conduct and abuse of power at the public broadcaster.
Among other reasons for finding that Motsoeneng should face disciplinary action, Madonsela found he had lied about possessing a matric certificate when he first applied for a job at the SABC; purged staff, resulting in substantial costs; irregularly awarded salary increases; and persuaded the board to irregularly sanction huge increases for himself.
Instead of disciplining him, however, Muthambi appointed him permanently in the position, which he had filled in an acting capacity, without the SABC having followed proper procedure.
The DA then applied to have Madonsela’s findings enforced and Judge Schippers ruled last year, despite finding the public protector’s remedial actions were not binding, that Motsoeneng should be suspended for 60 days and that disciplinary action be instituted against him.
Judge Schippers said on Thursday that the DA had made its case that the SABC and the public would suffer irreparable harm unless his order was implemented, among others because, as Madonsela had stated in her report, there were “pathological corporate governance deficiencies at the SABC”.
DA chairman of the federal executive James Selfe said that if Motsoeneng arrived at work on Friday, he would be in contempt of court.
“Mr Motsoeneng’s suspension following Thursday’s judgment is a much-needed opportunity to root out the rot at the SABC once and for all,” Selfe pointed out.
Political Bureau