Muthambi memo’s legality on focus
‘Unlawful MOI stole SABC board’s powers’
The legality of a memo issued by former communications minister Faith Muthambi has become a sticking point in the arbitration case of former SABC strongman Hlaudi Motsoeneng.
Yesterday, lawyers representing the public broadcaster and Motsoeneng differed on the legal standing of the Muthambi-issued memo which delegated SABC board powers to its executive.
This led to a postponement of the arbitration process at the Commission for Conciliation, Mediation and Arbitration (CCMA) to allow the parties more time to prepare for the case.
Motsoeneng’s lawyer Advocate Kgomosoane Mathipa used the Muthambi memo to justify that former SABC acting chief executive officer James Aguma was authorised to grant Motsoeneng permission to hold a press conference.
The press conference resulted in Motsoeneng being charged and fired from the SABC.
He is now contesting his dismissal at the CCMA.
According to SABC non-executive board member Khanyisile Kweyama, Aguma was not authorised to grant Motsoeneng powers to address a media briefing in April last year in which he tore into the SABC board members.
“I don’t know if at this stage it’s appropriate to say that this MOI [Memorandum of Incorporation] doesn’t have any stamp on it. This MOI is the MOI that was drafted by [former] minister Muthambi, and courts have determined that it doesn’t have a stamp, so the only MOI that is relevant to the SABC... was signed by [Muthambi’s predecessor] [Yunus] Carrim,” she said.
“When minister Muthambi drafted this MOI, the intention was to take [powers] from the previous MOI... If we continue with the MOI, we will be continuing with an incorrect version,” added Kweyama.
Last year, the memo was also a subject of a court process where then minister Ayanda Dlodlo was taken to court over her powers in the appointment of top executives at the SABC.
Mathipa said the lawyers were in agreement to ask for an adjournment until today so that they can go through the MOI provided by the SABC and also the judgment that has been referred to.
Muthambi’s changes to the SABC MOI in 2014 were never filed with the Companies and Intellectual Property Commission, something which the SABC said made it invalid.