Motsoeneng’s disciplinary hearing is a mockery
Following SABC COO Hlaudi Motsoeneng being cleared of misconduct charges, the hearing was criticised as being unnecessary after the Western Cape High Court previously nullified his appointment.
According to a report in the Sunday Times, the SABC conducted the “flawed disciplinary hearing” despite legal advice that Motsoeneng is not an employee of the broadcaster.
Advocate William Mokhari was the initial chairman of the hearing, and told the SABC that going ahead with the hearing was a “futile exercise as Motsoeneng was no longer in the employ of the broadcaster”.
“Mokhari stopped the hearing on a legal technicality, but the broadcaster ignored his advice and continued without him,” said the report.
“He [Motsoeneng] is no longer the COO. You can only discipline a person if there is an employer-employee relationship. That [high court] judgment is effective until it is reversed by another court,” said Mokhari.
“I have made a ruling. My ruling is final and binding unless they take it on review. Those proceedings are clearly unlawful,” said Mokhari.
Another lawyer who has worked with the SABC said “there was no doubt that a predetermined outcome had been agreed”, and that the “proceedings are a mockery”.
The full report is available in the Sunday Times, 12 December 2015 edition.
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