The Public Broadcaster can spy on its employees, with consent.

The following clause has been found in the employment contracts of a number of SABC Employees:


4.1.9 to consent the SABC (sic) to intercept, monitor read, block or act upon any of
the Employee’s electronic and other communications which shall include, but not be
limited to, telephone conversations, emails and any stored files. A copy of Sections 5 and 6 of
the Regulation of Interception of Communications and Provision of
Communication-Related Information Act No. 70 of 2002, is available on request from the SABC’s human
resources department.

When a job seeker is most vulnerable, applying for employment, this clause is included in the contract.

Who is going to brave enough to turn down a job disagreeing with a clause in a contract?

What is more shocking is the blanket consent to interception of communications.

The clause does not limit interception to the workplace only. The consent is for “any” of the employee’s communication, which include, but is not limited to private telephone calls and emails. It include SMS, Whatsapp and any stored files.

If you are a job seeker, do not consent to this gross invasion of your privacy by the SABC. If you have signed such a contract, please get in touch with us by sending your contract to

We will take up the matter on your behalf.




Unions at the SABC (BEMAWU & CWU) have agreed to delay the issuing of a strike notice until Monday,  30 October 2017 for a strike at the Public Broadcaster  to afford the CCMA an opportunity to mediate between the parties.

This decision comes after the CCMA on Friday made the request to the unions.

In an email to the unions, Acting Senior Commissioner of Collective Bargaining at the CCMA, Shimane Kgantse wrote:

The view of the Commissioner Madubanya who facilitated the wage dispute is that she did not get an opportunity to mediate over the dispute. We are mindful that legally there’s nothing precluding the Trade [unions] from embarking on a protected strike since thirty days has lapsed from the date of the referral. We however request you indulgence and provide us with an opportunity to have a mediated session with the parties before exercising your rights.

Due to this request, and also then to afford the full Board the opportunity it has requested in our last meeting, to meet and consider the demands of the unions, the strike will not proceed on Monday, but after the 48 hours notice has lapsed, which will be served on the SABC on Monday.

This will afford the CCMA the opportunity to mediate between the parties, and for the Board to inform employees what they have decided. At the meeting between the Board and unions, the delegation of the Board indicated they want to open negotiations with the unions, and the understanding was, by opening negotiations, the SABC will move from their 0% offer.

We believe the decision to only serve notice on Monday to afford the parties to meet in one last final attempt to avoid a full blown strike  at the Public Broadcaster is the correct one, in the best interest of our members and the Broadcaster and is reasonable. This also demonstrates our commitment to have a cordial working relationship with the Board, and to heal and restore the dignity of the Public Broadcaster.

In the strike ballot done by BEMAWU, 89% of its members voted in favour of a strike.


From: Shimane Kgantse []
Sent: Friday, October 27, 2017 12:00 PM
Cc:;; Boitumelo Fatane <>

Dear Mr Booysen

Thank you for your mail.

The view of the Commissioner Madubanya who facilitated the wage dispute is that she did not get an opportunity to mediate over the dispute. We are mindful that legally there’s nothing precluding the Trade from embarking on a protected strike since thirty days has lapsed from the date of the referral. We however request you indulgence and provide us with an opportunity to have a mediated session with the parties before exercising your rights.

Looking forward to your positive response.


Shimane Kgantse

Acting Senior Commissioner Collective Bargaining
Telephone: +27113776733

Fax2Email:   086 506 9557

Call Centre: 0861 16 16 16 | Website:




BEMAWU is overjoyed by the Labour Court ruling today holding Mr Hlaudi Motsoeneng and Mr Simon Tebele personally liable for the legal cost of BEMAWU in the SABC 8 matter.

This is a further victory for media freedom in South Africa. We see the ruling of the Labour Court as being a very strong signal sent by the courts that media freedom is sacred and will enjoy the protection of the courts.

We firmly believe this also will send a strong and correct message to all executives and managers of all public organisations like the SABC to respect employee rights, and to be careful when they think they can endlessly litigate with public money.

As always, BEMAWU will vigorously defend the rights of our members and employee rights, to ensure fairness and justice in the workplace.


See clip of video here




5 October 2016

The Broadcasting, Electronic, Media & Allied Workers Union (BEMAWU) has followed with interest the Communications Portfolio Committee meeting today.

It has become a trend for SABC’s Boards to end up in the chambers of Parliament and be scolded for maladministration, lack of corporate governance and misconduct. It has become a trend for Board members to come to Portfolio meetings and tender, in full view, in a dramatic manner and on National TV their resignations – too late.

By working of the resignation of the two Board members the SABC Board is now no longer functional and cannot make any decisions. It has no quorum.

It is not only the Board that must go – all other unlawfully and unprocedurally appointees must also be removed.

There should then be an inquiry looking into all procurement processes, the appointment of consultants and the payment of bonuses.

The SABC must be cleansed as a matter of urgency. Executives on pension must be on pension, not filling positions simply because they can be manipulated.  Monies must be recovered from individuals involved in fruitless and wasteful expenditure.

The SABC must become a true public broadcaster, rolling out Provincial broadcasting, and take news to the people from the people. Citizen journalists should be utilised and allowed to participate in the news network of the SABC by providing, via modern technology news from everywhere as it happens and when it happens.

The Head of News has been appointed unprocedurally and unlawfully by unlawfully and unprocedurally appointed people. He must be removed and replaced by a competent and reputable person who is suitably qualified via an open and transparent public process.

The Human Resources unit at the SABC must be cleansed, and an urgent process must be put in place to address the numerous Human Resources issues like no career paths, no promotion, no advancement and no recognition for years of service in terms of promotion. The vast majority of SABC staff have been employed for periods up to 25 years without any prospects of promotion or upward movement.

The middle management issues must be addressed on an urgent basis.

We welcome an interim board and we will support any Board coming to the SABC to do the right things, and follow the correct and fair processes.

Tsamaya hantle, Mchana!

Hannes du Buisson








c/o The Company Secretary


Auckland Park


For Attention: Ms Theresa Geldenhuys (


The Group Chief Executive


Auckland Park


For attention: Mr James Aguma (


The Group Executive

Group Human Resources


Auckland Park


For attention: Mr Mohlolo Lephaka (

Dear Sirs,

We have noted with extreme concern, the appointment of Mr Motsoeneng as the GE, Corporate Affairs without the position being advertised as is required by inter alia the Recruitment Policy of the SABC and the alleged payment of a bonus or bonuses to Mr Motsoeneng of R11.4 million as reported by the media.

We request that you provide us – on an urgent basis – and no later than Wednesday, 5 October 2016 at 12:00 with the following information:

  1. Was the position of GE: Corporate Affairs advertised?
  2. If so, where and when and who applied for the position?
  3. If not, why not?
  4. Does Mr Motsoeneng hold a tertiary qualification, and if so, what qualification and where and when did he obtain it?
  5. Was Mr Motsoeneng paid a bonus or bonuses in the past three (3) months?
  6. If so, on what basis was he paid a bonus or bonuses?
  7. What amount was he paid as a bonus or bonuses?
  8. When was he paid the bonus or bonuses?
  9. What criteria was used to award him the bonus or bonuses?
  10. Where does this criteria derived from?
  11. Who else was paid a bonus or bonuses?
  12. What process was followed to request and approve this bonus or bonuses?
  13. Who requested the bonus or bonuses for Mr Motsoeneng and in what capacity?
  14. Who recommended the bonus or bonuses for Mr Motsoeneng and in what capacity?
  15. Who approved the bonus or bonuses for Mr Motsoeneng and in what capacity?
  16. Was the bonus or bonuses paid to Mr Motsoeneng split in two or more payments in an attempt to circumvent the approval processes?
  17. Can other employees also apply for, and earn such enormous bonuses, if not why not and if so, how do they go about to apply?
  18. Then in terms of the Public Protector’s Report “When Governance and Ethics Fail” (REPORT NO 23 OF 2013/2014):
    1. Did the Board recover any monies from any persons in compliance with paragraph (C) (1) of the recommendations of this report?
      1. If not, why not?
      2. If so, provide a list of people, amounts and dates these monies were recovered.
    2. Did the Board take appropriate disciplinary action against Mr Motsoeneng for :
      1. his abuse of power and improper conduct in the appointments and salary increments of Ms Sully Motsweni,
      2. his role in purging senior staff members, resulting in numerous labour disputes and settlement awards against the SABC, and if so when and what was the outcome, if not, why not?
    3. Did the Board take disciplinary action against Ms Lulama Mokhobo for her improper conduct in the approval of the salary increment of Mr Motsoeneng, if so when, and if not, why not?
    4. Did the Board recover the expenditure from the appropriate persons in respect of the irregular salary increments of Mr Motsoeneng, Ms Motsweni, Ms Khumalo and the freelancers?
      1. If so, how much money was recovered, from whom and when?
      2. If not, why not?
    5. What action was taken, if any to ensure that the Board takes strict and collective responsibility and working as a collective and not against each other?
    6. Was a public apology issued to Ms Ntombela-Nzimandi, Ms Charlotte Mampane and the other former SABC employees who suffered prejudice as a result of the Board and Management’s maladministration involving the failure to handle the administration of its affairs in accordance with the laws, corporate policies and principles of corporate governance?
      1. If so, when?
      2. If not, why not?
    7. What action was taken to review HR processes pertaining to creation of new posts, appointments and salary scales and progressions, when was it taken, and if none, why have no action been taken?

We await your most urgent reply.



Hannes du Buisson




Media release re the Appointment of Mr Motsoeneng as GE, Stakeholder Relations without advertising the position and the payment of the R11.4M bonus as reported in the media.



The Broadcasting, Electronic, Media & Allied Workers Union (BEMAWU) has noted the appointment of Mr Motsoeneng as Group Executive, Stakeholder Relations announced today.

  1. The position was not advertised, and therefore the SABC is in breach of its own recruitment Policy and the principles of equal opportunity for all and transparency.
  2. The appointment of Mr Motsoeneng without advertising the position is amongst others why the Public Protector found his previous appointment to be irrational and unlawful, which the High Court, the Supreme Court of Appeal and the SABC agreed to.
  3. For the Board to appoint him in the same manner in a different position amounts to constructive contempt of court, and is flagrant and contemptuous conduct towards our courts and judicial system.
  4. It shows no respect for court rulings and the findings of the Public Protector.
  5. All SABC vacancies must be advertised. As the Board confirmed, it will advertise the position of COO. If that position will be advertised, why not the GE, Stakeholder Relations?
  6. In respect of the bonus received by Mr Motsoeneng, as reported in the media.
  7. It can not be an employer/employee matter, as alleged by Mr Motsoeneng. He was not an employee at the time when the bonus was paid.
  8. By merely stating its an employer/employee matter, and therefore refusing to comment is clearly an admission (if there was any doubt whether Mr Motsoeneng received the bonus or not) that he received the bonus. Anyone who did not receive such a bonus would deny it outright and set the record straight.
  9. BEMAWU is in process of bringing an urgent application to freeze the account of Mr Motsoeneng, pending the outcome of an investigation to establish the legitimacy of the bonus paid, the process followed, the approval levels, and most importantly, the criteria used and applied to award this bonus. Should the investigation reveals the bonus was awarded improperly or for improper reasons, we will ask the Court to order that the money be paid back to the SABC.
  10. Our lawyers are in process to address a letter to the SABC demanding explanations failing we will proceed with legal action.

We are utterly disappointed in Parliament who has failed us, the employees, the viewers and the listeners by not stepping in when it became clear the SABC has lost track and is a fatal head-on collision course where only the employees and the public will be the losers.

We once again urge Parliament to step in an replace the Board with immediate effect.

Hannes du Buisson