Motsoeneng now wants labour court to stop hearing
FORMER SABC chief operating officer Hlaudi Motsoeneng plans to approach the Labour Court to have his disciplinary hearing stopped.
The hearing‚ which was due to begin on Wednesday‚ was stalled as Motsoeneng argued that there was an ulterior motive for bringing the hearing.
He was charged with misconduct after holding a media conference in which he criticised the SABC’s decision to scrap the 90% local music policy that he spearheaded.
Yesterday, Motsoeneng’s legal team argued that the hearing should rather be heard by the Commission for Conciliation‚ Mediation and Arbitration because the comments he made should be considered protected public disclosure.
Protected public disclosure is usually used as a defence by employees who claim they have been wrongfully charged or dismissed for exposing corruption.
Disciplinary hearing chairman Nazeem Cassim dismissed this argument‚ leading Motsoeneng’s legal team to reveal his new plan.
“We have received instructions to approach the Labour Court on an urgent basis to stop these proceedings on the same basis that was argued this morning,” Advocate Andy Bester‚ arguing for Motsoeneng‚ said.
The SABC’s legal representative‚ Advocate Anton Myburgh‚ argued against the postponement‚ saying Motsoeneng knowingly breached the SABC’s code of conduct.
Cassim granted a postponement to Wednesday to allow Motsoeneng to approach the Labour Court.