Sunday Times

Hlaudi cleared in hearing slated as a ‘mockery’

- SIBONGAKON­KE SHOBA

SABC chief operating officer Hlaudi Motsoeneng was cleared of misconduct charges last night following a controvers­ial internal disciplina­ry hearing by the public broadcaste­r.

The judgment, which lasted more than an hour, was delivered by hearing chairman advocate Willem Edeling.

However, the hearing was criticised as unnecessar­y after the Western Cape High Court nullified his appointmen­t.

The SABC pushed ahead with the flawed disciplina­ry hearing despite legal advice that Motsoeneng is not an employee of the broadcaste­r.

Advocate William Mokhari SC, the initial chairman of the hearing, informed the SABC that going ahead would amount to a futile exercise as Motsoeneng was no longer in the employ of the broadcaste­r. He cited the high court ruling delivered by Judge Dennis Davis last month.

Mokhari terminated the hearing on a legal technicali­ty, but the broadcaste­r ignored his advice and continued without him.

Mokhari was appointed by Communicat­ions Minister Faith Muthambi, a move slated by members of the SABC board who complained that she was usurping their power.

Attorney Sandile July, the hearing’s first lead prosecutor, also questioned the process.

In correspond­ence with the SABC, July advised the broadcaste­r that Davis’s judgment — that Motsoeneng’s appointmen­t was invalid — stood, despite plans by it and Muthambi to appeal. The SABC also sought to meddle in the disciplina­ry process, dictating to July how to handle Motsoeneng’s prosecutio­n.

“When July drafted pre-trial minutes together with Hlaudi’s lawyer, Zola Majavu, he said that, according to the SABC code of conduct, the appropriat­e sanction for charges of a serious nature is dismissal. The SABC called him, saying they don’t agree with him that Hlaudi should be dismissed,” said a lawyer close to the process who asked not to be named.

A letter from company secretary Theresa Geldenhuys followed, confirming that July’s appointmen­t was improper and asked him to send an invoice for work done. The SABC then appointed Marooti Ledwaba as prosecutor of the hearing.

Mokhari, appointed in the same manner as July, was initially allowed to continue chairing the hearing. However, his relationsh­ip with the SABC has also turned sour after his services were terminated last week.

Mokhari said: “He [Motsoeneng] is no longer the COO. You can only discipline a person if there is an employer-employee relationsh­ip.

“That [high court] judgment is effective until it is reversed by another court.”

On the same day that Mokhari terminated the hearing, the SABC filed an appeal against the high court ruling — in the belief it would allow the disciplina­ry hearing to continue.

“I said even if you have appealed, there is a judgment that you can’t ignore,” Mokhari said.

In another comical developmen­t, Ledwaba also left, apparently after raising the same concerns as July. Ledwaba declined to comment.

Mokhari said he was not informed about the resumption of the hearing and being replaced by Edeling.

“I have made a ruling. My ruling is final and binding unless they take it on review. Those proceeding­s are clearly unlawful,” said Mokhari.

Another lawyer, who asked not to be named as he had done business with the SABC, said it was clear that the hearing was being fast-tracked to use the outcome as evidence in Motsoeneng’s appeal against Judge Davis’s ruling.

He said there was no doubt that a predetermi­ned outcome had been agreed between Majavu and the public broadcaste­r.

“Hlaudi is disciplini­ng himself. Those proceeding­s are a mockery.”

I said even if you have appealed there is a judgment that you can’t ignore

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 ?? Pictures: SIYABULELA DUDA, FREDDY MAVUNDA and ALON SKUY ??
Pictures: SIYABULELA DUDA, FREDDY MAVUNDA and ALON SKUY

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