Embattled SABC chief operating officer Hlaudi Motsoeneng has been dealt another heavy blow with the Western Cape High Court dismissing his and the broadcaster’s application for leave to appeal an earlier ruling that set aside his permanent appointment. However, the SABC was quick to note it intends petitioning the SCA for leave to appeal, and in the meantime Motsoeneng would remain at the head of the broadcaster. Late last year the court found that Motsoeneng’s appointment was irrational and unlawful and therefore set it aside, says a BDlive report.

The matter was brought by the DA, which argued that there was a strong legal case that Motsoeneng’s permanent appointment was unlawful‚ given Public Protector Thuli Madonsela’s findings against him. In 2014 the Public Protector released a damning report and recommended that Motsoeneng, who was acting chief operating officer at the time, be suspended, pending a disciplinary inquiry. But he remained in his position and no disciplinary action was immediately taken against him although a disciplinary inquiry later controversially cleared him of charges that he misrepresented his qualifications and abused his power. His appointment to the position was made permanent despite the damning report.

Full BDlive report  

The saga has dragged on for two years with no resolution in sight. A Business Day report notes it has played out in the High Court, the SCA and in the Constitutional Court, where it had an abortive stint. DA federal executive chairman James Selfe reportedly said Motsoeneng should not be chief operating officer while the SCA was deciding whether to allow him to appeal against the judgment setting aside his appointment. ‘We will be studying the High Court ruling and, if needs be, we will bring an application to enforce the judgment,’ said Selfe. The DA is also awaiting the outcome of its application for the High Court to set aside the outcome of Motsoeneng’s disciplinary inquiry. Constitutional law expert and political commentator Shadrack Gutto is quoted as saying the DA would have a strong case if it approached the courts to enforce the Western Cape High Court’s judgment. ‘We are dealing with people trying to dodge … obligations…. The appeal has not gone through yet, so Motsoeneng cannot remain in office. ‘He is defying the courts, and this has been allowed by the board because it is compromised. He has to step aside, if not resign.’

Full Business Day report  

Communications Minister Faith Muthambi will study the judgment before deciding the way forward. ‘The Minister will be meeting her legal team to consider the judgment and any course of action to follow,’ her office said, according to a report on the News24 site. Speaking outside the court, Motsoeneng said Madonsela’s report on his appointment was ‘misleading the country’. He vowed to take his fight to the Constitutional Court, if need be.

Full News24 report