By taking this step the DA is asking the courts to make a determination that Motsoeneng is not a fit or proper person to hold any position at the SABC, much less at executive level given a slew of adverse judicial findings against his qualifications and conduct throughout his tenure.
The DA also has concerns about the legitimacy of the constitution of the SABC Board itself and whether its conduct is compliant with the prescripts of the Broadcasting Act which governs it. As such, the DA will also be asking the courts to make a determination of the suitability of the incumbent Board and proffer legal certainty on how the Board is to be dissolved and a new one appointed.
Motsoeneng and the SABC Board have been the subject of scathing judgments by the Western Cape High Court and the Supreme Court of Appeal (SCA).
Motsoeneng, aided and abetted by a dysfunctional SABC Board and the Minister of Communications, Faith Muthambi, has for too long gotten his way, while at the same time undermining the Public Protector, the Judiciary and the people of South Africa.
ANC Chief Whip, Jackson Mthembu, acknowledged that the reshuffling of Motsoeneng to a new position is “illogical” on the basis of the Public Protector’s egregious findings against his initial appointment and the numerous court judgements reaffirming this.
