Some politicians have \u201cnot bothered to read or understand\u201d court rulings against him and have undermined these through \u201clegally suspect interpretation\u201d, former SABC COO Hlaudi Motsoeneng said in an open letter on Sunday.<\/p>\n
This, he said, violated the constitutional principle of legality and challenges the constitutionally assigned judicial authority of the courts.<\/p>\n
\u201cMembers of our society have been thrown into a frenzy of speculation about court rulings which the DA and some politicians have not bothered to read or understand,\u201d Motsoeneng said in the letter hitting out at his detractors.<\/p>\n
He referred to the DA\u2019s urgent interdict application in 2014 to have him suspended, pending a review of the decision to appoint him.<\/p>\n
Western Cape High Court Judge Ashton Schippers ordered that Motsoeneng be suspended for 60 days pending a disciplinary inquiry into his alleged misconduct.<\/p>\n
He also made mention of the court judgment relating to his appointment as permanent COO last year.<\/p>\n
In November 2015, the Western Cape High Court Judge Dennis Davis found Motsoeneng\u2019s appointment was irrational and unlawful and set it aside.<\/p>\n
\u201cJudge Davis\u2026 declared my appointment as COO while there was an outstanding disciplinary proceeding to be \u2018irrational\u2019 and unlawful,\u201d he said.<\/p>\n
\u201cContrary to the contrived assertions by the politicians and sections of the reactionary media, the judge expressly ruled that \u2018this case is not about Mr Motsoeneng\u2019 and refused to preempt the disciplinary proceedings.<\/p>\n
\u201cJudge Davis unambiguously ruled that the outcome of the disciplinary proceedings could not be ignored when it came to the permanent appointment of a COO of the SABC \u2013 if I were acquitted of all charges I would qualify for consideration. That is something my detractors cannot live with.\u201d<\/p>\n
He further quoted Davis, \u201c\u2018Much has been made by respondents of Mr Motsoeneng\u2019s achievements at the SABC and his \u2018unique\u2019 ability to be the COO of the SABC. If it is properly shown that none of the allegations made against him are sustainable, it would be unfair and, hence premature at this stage, to preclude him from such consideration. In summary, it is preferable to allow the relevant disciplinary proceedings to run its course and to reflect this finding in the order\u2019.\u201d<\/p>\n
Motsoeneng said it was \u201can outrageous act\u201d for the ANC\u2019s chief whip in Parliament, Jackson Mthembu, and Minister in The Presidency Jeff Radebe to \u201cmislead the public by implying that there is an adverse court judgment against me\u201d.<\/p>\n
Mthembu last week called Motsoeneng a \u201cnon-employee\u201d who was given the post without due process having been followed and called on the SABC board to rescind the appointment.<\/p>\n
Radebe said the SABC board had reappointed Motsoeneng to an executive position through \u201clegally suspect interpretations\u201d.<\/p>\n
\u201cThey concocted their own phantom judgment and falsely impute words to our judges in a manner that impugns our judiciary,\u201d Motsoeneng wrote.<\/p>\n
\u201cOne wonders what legal yardstick Minister Radebe or Hon. Mthembu are using to arrive at their outlandish misreading of this very clear court ruling [of Davis]. Even worse, their contrived misreading deliberately ignored Judge Davis\u2019s scrupulous observance of the rules of fairness and due process.\u201d<\/p>\n
He accused them of \u201c[substituting] the carefully reasoned court judgment with their prejudiced pronouncements\u201d.<\/p>\n
\u201cSuch politically-driven public vilification campaign and unlawful removal from my employment will be vigorously resisted and challenged in court if need be.\u201d<\/p>\n
Motsoeneng said \u201cfair-minded observers\u201d would know that no court had ruled that he was \u201cnot appointable as COO or unqualified for senior executive positions at the SABC\u201d.<\/p>\n
\u201cAll extant court judgments ordered that a disciplinary tribunal must be convened to adjudicate the raft of allegations levelled against me. The SABC complied and in December 2015 I was cleared of all charges against me after an internal disciplinary hearing ordered by the courts.<\/p>\n
\u201cBoth Minister Radebe and Hon Mthembu have relied on an alleged SCA judgment for their attacks on the SABC and violation of my constitutional rights. In September 2016, the SCA dismissed SABC and [Minister of Communications Faith] Muthambi\u2019s application for leave to appeal Judge Davis\u2019s ruling that my permanent appointment as COO should be set aside.\u201d<\/p>\n
He said the application for leave to appeal was dismissed with costs on the grounds that there is no reasonable prospect of success in an appeal.<\/p>\n
\u201cHon. Mthembu and Minister Radebe have opted to ignore the court judgments and the disciplinary ruling in which I was acquitted in their calculated tactic to subject me to torture of public condemnation. For a member of parliament, Hon Mthembu has made an alarming and very embarrassing claim which betrays his ignorance of basic labour law.\u201d<\/p>\n
Motsoeneng said the public broadcaster had complied with the order for a disciplinary process and he was acquitted.<\/p>\n
\u201cIn any event, no rational person can claim that the SCA decision upholding a Davis ruling that my permanent appointment as COO before a disciplinary hearing was unlawful would automatically preclude me from employment as Group Executive for Corporate Affairs, a position I previously held.<\/p>\n
\u201cUnfortunately politicians such as Hon. Mthembu have created a quandary for the SABC \u2013 they urged the broadcaster\u2019s board to abide by the SCA ruling but assiduously avoid the wording of the exact ruling relied upon.\u201d<\/p>\n
News24<\/em><\/a><\/p>\n More on the SABC<\/p>\n Motsoeneng gets another salary hike<\/strong><\/a><\/p>\n ANC orders SABC to \u2018rescind\u2019 Motsoeneng appointment<\/strong><\/a><\/p>\n Hlaudi Motsoeneng not going anywhere: SABC chair<\/strong><\/a><\/p>\n