Correctional Services said that “matters are under control” at Johannesburg’s Sun City Prison on Wed.
A round-robin draft resolution was sent to board members on Monday asking for approval to request Communications Minister Faith Muthambi reappoint Motsoeneng as acting COO.
"Since the next board meeting is scheduled for 28 October 2016, the board is requested to recommend that the honourable minister approves the appointment of Mr GH Motsoeneng as the acting COO for the period 19 September 2016 to 18 December 2016 on a round robin basis," the draft document says. The appointment "will be tabled at the next board meeting for ratification".
The document notes that the SABC Memorandum of Incorporation allows the board to appoint "any senior employee" as acting COO or acting chief financial officer. It is unclear what the outcome of the vote was.
However, the proposed resolution flies in the face of a damning public protector ruling against Motsoeneng in 2014 and a decision handed down this week by the Supreme Court of Appeal (SCA).
It's understood some board members voted against this week's resolution because it went against the SCA judgement and public protector findings. Non-executive member Krish Naidoo, a lawyer by profession, confirmed he'd refused to approve the resolution.
"The reasons I gave are that it will be contrary to the rule of law, irrational and bordering on illegality," Naidoo said yesterday.
"If you take a decision like this when a court says this guy should not be COO and you appoint him acting COO it means you haven't applied your mind. The SABC is an important institution. The president and ANC should open their mouths now and say something decisive."
Naidoo said it was the "end of the road" for Motsoeneng. "It's time to tell the chap 'it's time to pack your bags'." He said directors who voted in favour of the resolution were "acting contrary to the rule of law".
Muthambi's spokesman Mish Molakeng yesterday denied she had received the resolution. Board chairman Mbulaheni Maguvhe and the other board members could not be reached for comment.