South African Broadcasting Corporation chief operating officer (COO) Hlaudi Motsoeneng will report for duty to the SABC on Tuesday‚ but not as the COO‚ his lawyer Zola Majavu said on Monday evening.

The Supreme Court of Appeal last week dismissed an application for leave to appeal by the SABC board‚ Minister of Communications Faith Muthambi and Motsoeneng against the decision of the high court in Cape Town which found Motsoeneng’s appointment was invalid and set it aside.

Majavu‚ speaking to eNCA on Monday night‚ said Motsoeneng respected the judiciary and that following the judgment‚ he would not be able to work as COO.

“I have made that clear to him. He understands it. I said (he should) go report for duty. Let the employer indicate what are they going to do with your continued employment there.

“The appointment that was set aside was made by the SABC board with the concurrence of the minister.”

Majavu said he had not received instructions from Motsoeneng to take the matter further to the Constitutional Court.

“I advised him there would be little point in persisting with the case to the Constitutional Court. He has accepted my view on that score.

“He has instructed me to write to the SABC to say: ‘The judgment is out. What is your take’.”

Majavu said he had written a letter to the SABC on Monday afternoon and it was too soon for it to respond.

“The next step would be determined by what the board decides. He is the employee of the SABC.”

Majavu said after receiving a response from the SABC‚ he would advise Motsoeneng on the next step to take.

“The employer must decide whether his position is terminated. The employer should indicate otherwise.”

Majavu said Motsoeneng did not appoint himself.

“Let those who made decision decide what to do. In my letter‚ I said ‘give us a response as matter of extreme urgency’. It is up to the employer‚ He will go there and tender his services.”