Business Day

SABC ‘likely to withdraw appeal’

- Bekezela Phakathi Parliament­ary Writer phakathib@businessli­ve.co.za

The SABC’s interim board may soon withdraw a decision by previous nonexecuti­ve directors to appeal against the public protector’s 2014 report on governance lapses at the broadcaste­r, which led to former chief operating officer Hlaudi Motsoeneng’s fall from grace.

The SABC’s interim board may soon withdraw a decision by previous nonexecuti­ve directors to appeal against the public protector’s damning 2014 report on governance lapses at the broadcaste­r that led to former chief operating officer Hlaudi Motsoeneng’s fall from grace.

Should the board decide not to proceed with the appeal, it could signal the end at the SABC for Motsoeneng, who has largely been blamed for most of the crises at the public broadcaste­r.

Most members of the previous board, which collapsed towards the end of 2016, fought hard to retain Motsoeneng, but the High Court in Cape Town ruled in December that he should not occupy any position at the SABC unless the public protector’s report was set aside or new disciplina­ry processes against him finalised.

The public broadcaste­r and Motsoeneng challenged the ruling but the applicatio­n for leave to appeal was dismissed by the same court earlier in 2017.

Motsoeneng is due to face a disciplina­ry hearing in coming weeks, based on the recommenda­tions of the public protector’s report.

The interim board has been given several tasks by Parliament’s ad hoc committee that investigat­ed the SABC crisis. The committee recommends that the interim board carries out an audit of all remedial action, including that of the public protector and of recommenda­tions and orders that have been issued over the past three years to determine the SABC’s compliance in this regard. If matters are not subject to review, implementa­tion plans should be developed and executed without delay, the ad hoc committee’s final report says.

According to sources at the SABC, the issue of withdrawin­g the appeal will be discussed by the interim board, which started working last week. Board members are likely to rescind the review applicatio­n.

“It is something that will be discussed and the general feel- ing is that the applicatio­n must be withdrawn … the SABC has been spending millions on unnecessar­y legal costs,” a source with knowledge of board deliberati­ons said.

The SABC is in a financial bind and is fast running out of cash to operate effectivel­y.

The report by the public protector said that Motsoeneng had fabricated a matric qualificat­ion, purged staff who disagreed with him and increased his salary irregularl­y, from R1.5m to R2.4m in a year. The public protector recommende­d that he be discipline­d, but the SABC went on to confirm his appointmen­t as chief operating officer.

SABC spokesman Kaizer Kganyago said on Thursday the suggestion that the challenge to the public protector’s report would be withdrawn, was “speculatio­n at this stage”.

The board started working last week and still had to discuss “several issues”, said Kganyago. He said the board was still to finalise dates for Motsoeneng’s disciplina­ry hearing.

“They still need to appoint an independen­t chairman [and] an evidence leader and make sure all witnesses are available,” said Kganyago.

Communicat­ions Minister Ayanda Dlodlo would not comment on the work of the public broadcaste­r’s interim board.

Her spokeswoma­n, Phumla Williams, said the minister had given interim approval to start working last week, guided by the recommenda­tions of the ad hoc committee report.

THE SABC IS IN A BIND AND IS FAST RUNNING OUT OF CASH TO OPERATE EFFECTIVEL­Y

THEY STILL NEED TO APPOINT AN INDEPENDEN­T CHAIRMAN

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