SABC: SCA dismissing Motsoeneng leave to appeal should see him removed from public broadcaster 

19 September 2016

The Supreme Court of Appeal (SCA) has dismissed the embattled SABC COO, Hlaudi Motsoeneng's application for leave to appeal the scathing Judge Dennis Davis judgement in the DA’s review application that found his permanent appointment as COO to be borne of irrationality and set it aside as invalid. Effectively Mr Motsoeneng will have no joy from our courts and must vacate the SABC without delay.

The SCA in its court order specifically asserts that “the application for leave to appeal is dismissed with costs on the grounds that there is no reasonable prospect of success in an appeal and there is no other compelling reason why it should be heard.”

Mr Motsoeneng, Communications Minister Faith Muthambi and the SABC have been unsuccessful in almost all courts in which he has sought to keep his job. He and his band of protectors now need to abandon this abuse of our judicial system and the taxpayers money into which millions of rands have already plundered.

Indeed the Western Cape High Court already found that the three government respondents ignored the remedial action ordered by the Public Protector which the SCA slated as “irrational and unlawful”. To petition the SCA for a second time with respect to this matter was in itself an irrational and desperate attempt by the SABC and Minister Muthambi to protect a COO who has all but driven the public broadcaster into the ground.

Throughout his tenure Mr Motsoeneng has made statements and taken decisions that directly contradict the SABC’s obligations and the right to freedom of expression. These statements and decisions have been widely reported and include:

- Stating that journalists should obtain licences in order to report news;

- Refusing to broadcast images of violent protests;

- Arguing that the SABC should not report on crime because it encourages further crimes;

- Insisting on the need to broadcast 70% “happy news”. Coincidentally, this aligns precisely with similar statements made by the President at around the same time;

- Refusing to broadcast newspaper headlines and cancelling programmes that discuss newspaper headlines;

- Refusing to air election adverts by the DA;

- Considering requiring SABC employees to wear uniforms;

- Refusing to report on the activities of political parties other than the ANC;

- Instructing the SABC not to run stories that reflect negatively on President Zuma;

- Regularly interfering with editorial decisions within the SABC; and

- Attempting to discipline journalists who comply with the ethics of their profession and refuse to comply with his form of propaganda and censorship.

Given this latest and damning evidence, the DA calls on Mr Motsoeneng and the SABC to stop their vexatious litigation and not approach the Constitutional Court and tender his resignation effective immediately. This is the only way that the process to restore the SABC’s credibility can begin.

While going to the courts is not the most desirable course of action; other remedies have proved unsuccessful and we are satisfied by the SCA's declination of the petition that would’ve potentially resulted in Mr Motsoeneng keeping his job.

Issued by James Selfe, Chairperson of the DA’s Federal Executive, 19 September 2016