SABC COO Hlaudi Motsoeneng has been given notice to attend a disciplinary hearing at the end of the month, according to an affidavit he filed.<\/p>\n
\u201cOn October 12, 2015, the SABC initiated disciplinary action against me by delivering a charge sheet and a notice to attend a disciplinary hearing on October 30, 2015,\u201d he stated.<\/p>\n
It was not immediately clear what the charges against him were.<\/p>\n
The affidavit accompanied his application to the Constituional Court for leave to appeal a recent Supreme Court of Appeal (SCA) judgment.<\/p>\n
The SCA upheld a Western Cape High Court order by Judge Ashton Schippers that he be suspended for 60 days while a disciplinary hearing into his alleged malfeasance was conducted.<\/p>\n
\u2018Judge went beyond Madonsela recommendations\u2019<\/p>\n
The Western Cape High Court is currently hearing an application by the Democratic Alliance to have Motsoeneng\u2019s appointment set aside.<\/p>\n
In his affidavit, Motsoeneng said the relief granted by Schippers went beyond the remedial action taken by Public Protector Thuli Madonsela.<\/p>\n
\u201cShe did not once suggest that I should be suspended,\u201d he stated in the affidavit, adding that the relief transgressed the doctrine of the separation of powers.<\/p>\n
\u201cIt further violates my rights to dignity and fair labour practices.\u201d<\/p>\n
\u201cMy dignity will be severely prejudiced if I am pre-emptively suspended and prevented from carrying out my functions as COO and as an employee of the SABC, creating an impression in the eyes of the public that I am already guilty of the charges that are to be [and have now been] instituted against me.\u201d<\/p>\n
He believed the SCA\u2019s judgment, with respect, left open important questions regarding Madonsela\u2019s findings.<\/p>\n
\u201cThe distinction between the effect of these findings as opposed to remedial action taken by the public protector is, with respect, more nuanced than is recognised by the SCA.\u201d<\/p>\n
Madonsela found he lied about having a matric certificate, and that both his appointment as acting COO and his one-year salary hike from R1.5m to R2.4m were irregular.<\/p>\n
The SABC and Communications Minister Faith Muthambi are listed as co-applicants.<\/p>\n
DA federal executive chairperson James Selfe indicated in a statement that the party intended seeking a court order holding the SABC in contempt of court for not suspending Motsoeneng.<\/p>\n
Selfe said their lawyers had written to the SABC informing them of a 14:00 deadline on Wednesday to give effect to his suspension.<\/p>\n
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