7 October 2016

The Democratic Alliance (DA) welcomes the judgement handed down by the Western Cape High Court this morning, which will ensure that Hlaudi Motsoeneng faces the music of a legitimate disciplinary inquiry. Not the stitch-up previously manufactured to shield him from accountability, which we contended was at odds with the remedial actions as ordered by the Public Protector.

Mr Motsoeneng’s attempt at delaying the inevitable was found by the Court to be a patent abuse of the court process and not in the public interest.

Given this morning’s judgment, an independent and impartial disciplinary inquiry into Mr Motsoeneng’s fitness to hold office must be re-established, and we specifically seek for the inquiry to:

- Be presided over by a new and independent chairperson;

- Be commenced within 14 days of this order and for it to be completed within 60 days;

- Be open to the public;

- the suspension of Mr Motsoeneng pending the outcome of such an inquiry for any other interim measure would be a failure in due process.

Mr Motsoeneng, aided and abetted by a dysfunctional SABC Board and the Minister of Communications, Faith Muthambi, has for too long gotten his way, while at the same time undermining the Public Protector, the Judiciary and the people of South Africa. 

In order for this inquiry to be legitimate, the chairperson of the inquiry needs to ensure that:

- Key witnesses are called to provide evidence in relation to Mr Motsoneneg’s gross misconduct;

- The Public Protector’s report entitled When Governance and Ethics Fail must be thoroughly engaged given that it is the basis of the inquiry; and

- Judgements by the Western Cape High Court and Supreme Court of Appeal (SCA) are duly engaged as these assert that Mr Motsoeneng is in fact not a fit and proper person and that his permanence at the SABC is irrational on its face and should be set aside.

Mr Motsoeneng cannot continue to serve at the SABC in any capacity, even in a position where he deems himself to be an “ordinary employee”.

Issued by James Selfe, Chairperson of the DA's Federal Executive, 7 October 2016