End credits should roll on Motsoeneng
RESPECT for the rule of law is one of the most important pillars of a constitutional democracy like ours. Once that pillar is tampered with the system becomes shaky and susceptible to collapse, which bears the danger of creating a lawless society not envisaged by the drafters of our constitution.
Recent events have created the perception that the powers that be have little regard for the constitution because of a growing trend in which legal outcomes have been ignored and dismissed as mere recommendations.
The Constitutional Court judgment on how President Jacob Zuma handled the public protector’s Nkandla report painted a picture of a government that does not understand its own laws and has no regard for the constitution.
This is why the Presidency statement welcoming the Supreme Court of Appeal’s decision on the Hlaudi Motsoeneng matter is important. The appellate court has denied the SABC’s chief operating officer the right to appeal a judgment by the High Court in Cape Town that found his permanent appointment to the position unlawful and irrational.
As news broke that there were attempts by the dysfunctional SABC board to bypass the court’s finding by reinstating Motsoeneng in an acting capacity, Zuma’s office restored confidence by confirming what we already knew: that the court’s decision is final and binding.
Motsoeneng has stubbornly occupied the 27th-floor office in Auckland Park despite overwhelming evidence that he is neither fit nor qualified to be COO. Calls from civil society formations, social commentators, opposition parties and even the ANC for Motsoeneng’s removal have fallen on deaf ears. He has remained at the helm, causing irreparable damage to the public broadcaster’s image. He has made a mockery of our much-cherished laws — with Communications Minister Faith Muthambi’s help — by throwing the constitution out the window and applying his own laws.
Former board members’ attempts to seek interventions from parliament, the Department of Communications and the president were ignored.
Instead, Motsoeneng and Muthambi amended the public broadcaster’s memorandum of incorporation, a move characterised as a power grab by the communications minister. What followed was more havoc. Motsoeneng entered into business agreements with MultiChoice, which saw the public broadcaster’s archives sold in a deal critics say cost the SABC more than R2-billion.
He then entered the newsroom and instructed journalists not to broadcast footage showing the destruction of property during service delivery protests. The eight brave journalists who challenged this madness were shown the door, only for seven of them to be saved by a court.
The insanity prevailed while those in power looked the other way. This created the impression that Motsoeneng had the blessing of powerful people.
The appeal court’s ruling, delivered this week, provides an opportunity for the powers that be to restore public trust and to distance themselves from Motsoeneng’s madness. They must remove Motsoeneng. We accept that the president cannot, by law, directly intervene in decision-making at the SABC. However, his statement must be a strong enough directive for people to do the right thing, unless he is no longer in control.