MEDIA STATEMENT : SUPREME COURT OF APPEAL DISMISSING MR MOTSOENENG’S LEAVE TO APPEAL
The Broadcasting, Electronic, Media & Allied Workers Union (BEMAWU) is happy that the litany of legal proceedings by Mr Motsoeneng and the Board to avoid the unavoidable has finally come to an end.
The appointment of Mr Motsoeneng was unlawful. The Minister, the SABC Board and we all knew that – from the beginning. What now remains is the following:
- To held liable personally the Minister and Members of the Board jointly and severally for the legal cost incurred by the SABC to defend the unlawful appontment of Mr Motsoeneng,
- To held liable personally the Minister and members of the Board jointly and severally for all cost incurred by Mr Motsoeneng since his unlawful appointment as an unlawfully appointed person cannot make lawful decisions.
- To remove the Minister and the Board for unlawfully appointing Mr Motsoeneng,
- For its successors to implement the recommendations of the Public Protector, which now remains unchallenged, and as follows:
(c) The SABC Board to ensure that:
1) All monies are recovered which were irregularly spent through unlawful and improper actions from the appropriate persons.
2) Takes appropriate disciplinary action against the following:
(aa) Mr Motsoeneng for his dishonesty relating to the misrepresentation of his qualifications, abuse of power and improper conduct in the appointments and salary increments of Ms Sully Motsweni, and for his role in the purging of senior staff members resulting in numerous labour disputes and settlement awards against the SABC;
(bb) Ms Lulama Mokhobo, the outgoing GCEO for her improper conduct in the approval of the salary increment of Mr Motsoeneng;
(cc) To ensure that any fruitless and wasteful expenditure that had been incurred as a result of irregular salary increments to Mr Motsoeneng, Ms Motsweni, Ms Khumalo and the freelancers, is recovered from the appropriate persons;
(dd) To ensure that in future there is strict and collective responsibility by the SABC Board members through working as a collective and not against each other, in compliance with the relevant legislation, policies and prescripts that govern the National Broadcaster; and
(ee) To issue a public apology to Ms P Ntombela-Nzimande, Ms C Mampane and all its former employees who had suffered prejudice due to the SABC management and Board’s maladministration involving failure to handle the administration of its affairs in accordance with the laws, corporate policies and principles of corporate governance.
(ff) To review all their HR processes pertaining to creation of new posts, appointments and salary scales and progressions.
Hannes du Buisson