Motsoeneng’s application for leave to appeal fails
6 June 2018
On Tuesday 5 June trade union Solidarity received confirmation from the Supreme Court of Appeal advising that Hlaudi Motsoeneng’s leave to appeal had been dismissed with a punitive cost order.
This comes after the Labour Court in 2017 found that Motsoeneng should be held liable in his personal capacity for the legal costs associated with the court case on his controversial ban on the broadcasting of protest actions. This ban resulted in eight journalists (the so-called SABC 8) being unlawfully fired at the time. Motsoeneng appealed against the ruling earlier in 2018.
In view of this confirmation by the Supreme Court of Appeal, this court will not offer him any further recourse. This is vindication that the SABC 8 had been fired unlawfully and that Motsoeneng’s actions were unlawful and wrongful.
According to Solidarity Chief Executive Dr Dirk Hermann, Solidarity would now proceed to serve and implement the warrant of execution granted to Solidarity with a view to have Motsoeneng’s assets seized. “In view of the fact that our demand for costs has been vindicated we would now also be in a position to demand recovery for more costs,” Hermann said.
“What Motsoeneng has to realise now is that he cannot wear us out by carrying on with litigation but that, in the end, he will have to own up for the damage caused to so many. In his efforts to evade justice he has painted himself into a corner but has now exhausted all means at his disposal,” Hermann said.
Issued by Anton van der Bijl, Solidarity: Head Labour Law Services, 6 June 2018