Motsoeneng: formal suspension is the only acceptable course of action

The DA has written to the SABC seeking clarity about the terms of its Chief Operating Officer (COO), Hlaudi Motsoeneng’s long leave which we suspect is not in line with the prescribed formal interim suspension as ordered by the Western Cape High Court and the Supreme Court of Appeal (SCA).

Following the judgement of the SCA, Mr Motsoeneng ought to be suspended as a matter of law. Whether the SABC calls it “long leave” or “suspension” is not relevant provided the following conditions are complied with. The SABC must now confirm that Mr Motsoeneng:

- Will not be allowed to access the premises of the SABC, other than for the purpose of attending his disciplinary inquiry;

- Will not be permitted to contact any SABC employees, or access any company documents, either physically or electronically; and 

- Will not exercise any of the powers of the COO or participate in matters relating to the Board or in the governance of the SABC.

It is vital that Mr Motsoeneng and the SABC comply with these stipulations while he is the subject of a disciplinary inquiry so that he cannot compromise the integrity of the inquiry. 

If these conditions are not complied with then this voluntary “long leave” is exactly that and does not meet the requirements of the formal suspension as prescribed by an order of court and is designed to avoid compliance.

Should this be the case , the DA will move forward with the application to have an order of contempt before Judge Yekiso on Thursday, 22 October 2015.

Issued by James Selfe, Chairperson of the DA's Federal Executive, 19 October 2015