Dismissal of leave to appeal a victory for due process and should see Motsoeneng without a job
23 May 2016
The DA is pleased with the Western Cape High Court’s dismissal of the SABC and Hlaudi Motsoeneng’s application for leave to appeal the decision setting aside Mr Motsoeneng’s permanent appointment as SABC Chief Operating Officer (COO). The Court originally found that the appointment was irrational and unlawful and thus set it aside ab initio.
This comes after Judge Dennis Davis of the Western Cape High Court considered the DA’s review application seeking to have the very appointment of Mr Motsoeneng by the Minister of Communications, Faith Muthambi, set aside on the grounds that it was irrational and therefore unlawful from the outset.
This is the second part in a two part application. The first part of the application was decided by the Schippers J in the Western Cape High Court and the orders confirmed in the Supreme Court of Appeal (SCA). It was found that the SABC was legally obliged to suspend Mr Motsoeneng pending disciplinary proceedings to be brought against him. The second part concerns Motsoeneng’s original appointment.
The DA has been successful in both parts of the application. This is an indictment of Minister Muthambi who shown persistent disregard for the Rule of Law and has managed the SABC as her personal fiefdom, subject only to her patron President Jacob Zuma.