An affidavit was filed by the Democratic Alliance in the Western Cape High Court to have the appointment of Motsoeneng, the former SABC COO, as Group Executive of Corporate Affairs declared invalid. In so the DA is asking the courts to make a determination that Motsoeneng is not a fit and proper person to hold any position at the SABC.
The DA’s James Selfde says in a statement “this application seeks to finally remove Mr Motsoeneng from the SABC and prevent him from serving in any senior position in the SABC unless and until the Public Protector’s damning findings about his conduct and character are reviewed and set aside”.
The filing of the affidavit follows Motsoeneng’s recent appointment as the Group Executive: Corporate Affairs at the SABC – a senior position on the SABC’s Executive Committee. Motsoeneng has also indicated that he intends to apply for the vacant COO post. The majority of the members of the dysfunctional SABC Board have indicated they continue to support Motsoeneng, which the DA says is irrational and not in the spirit of existing rulings.
According to the DA Motsoeneng is a threat to South African democracy. “He is an unethical, manipulative fraudster who has destroyed any semblance of good corporate governance at the SABC. Moreover, he is a modern day ‘Goebbels’ who treats the public broadcaster as his personal fiefdom to spread propaganda.
“While the Board should have taken steps to remove him in the interest of the SABC, when they appeared before the Portfolio Committee on Communications they refused to see that Mr Motsoeneng could no longer continue as an employee of the public broadcaster.
“In fact the remaining six members of the Board have refused to rescind their support for Mr Motsoeneng. Instead they complained that they are being “bullied” by Parliament and vowed to resist any inquiry into their fitness for office,” says Selfe.
The party is asking the Court for a declaration that the SABC Board is not only inquorate – it has only six members and requires nine for a quorum with the remaining members refusing to resign to allow an interim Board to be appointed – but that it too has aided and abetted the sharp decline of the public broadcaster.
To date the DA has won every single stage of the litigation against Motsoeneng and the SABC. The Western Cape High Court and the Supreme Court of Appeal (SCA) have repeatedly held that it is irrational and unlawful for Mr Motsoeneng to serve as COO. It is unfathomable that the Board continues to support him.