Former SABC COO Hlaudi Motsoeneng during the SABC 2015/2016 financial report release on September 29, 2016 in Johannesburg.
CAPE TOWN - The Western High Court delivered on Monday morning its judgment on the Democratic Alliance’s bid to have Hlaudi Motsoeneng removed from the SABC.
The court ruled that the new appointment of Motsoeneng was unlawful and irrational.
Judge Owen Rogers said Motsoeneng is not entitled to occupy any position in the SABC.
That is until either the Public Protector's report is set aside, or the disciplinary process against him is concluded.
Judge Rogers says the disciplinary process was also wholly inadequate and should be set aside and reinstituted, in line with the Public Protector's report.
The court has ordered that a new chair be appointed based on recommendations by political parties.
Lawyers for the DA argued that Motsoeneng is unfit to hold any senior position.
Court says decision to appoint Motsoeneng was unlawful and irrational #eNCA #SABC
— Aarti J Narsee (@ajnarsee) December 12, 2016
Judge: Motsoneng not entitled to occupy any position at SABC until PP report is set aside or DP against him are concluded #SABC #eNCA
— Aarti J Narsee (@ajnarsee) December 12, 2016
Judge: SABC must commence new disciplinary proceedings, presided by an independent person #eNCA #SABC
— Aarti J Narsee (@ajnarsee) December 12, 2016
Last month, the party took the public broadcaster to court after the controversial Motsoeneng was appointed as group executive of corporate affairs, after a court had removed him as chief operating officer.
READ: Alleged Gupta-Motsoeneng link draws gasps in Parliament
Lawyers for the DA argued that Motsoeneng is unfit to hold any senior position and that his appointment was unethical and irrational and should be set aside. Motsoeneng said the SABC should make a decision on the matter.
He has also fired back, saying it is going to be tough to remove him due to his capabilities.
Motsoeneng was not present in court on Monday.
DA leader Mmusi Maimane and James Selfe at the WC high court for Hlaudi judgement #eNCA #SABC pic.twitter.com/pePmfddVmm
— Aarti J Narsee (@ajnarsee) December 12, 2016
