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Thuli Madonsela out to shut Hlaudi back door

The Public Protector; Thuli Madonsela speaks about Malema's 2009 'food parcels' during an interview on May 05, 2016 in Pretoria, South Africa. (Photo by Gallo Images / Beeld / Alet Pretorius)
The Public Protector; Thuli Madonsela speaks about Malema's 2009 'food parcels' during an interview on May 05, 2016 in Pretoria, South Africa. (Photo by Gallo Images / Beeld / Alet Pretorius)

Public protector Thuli Madonsela is to take Communications Minister Faith Muthambi and the SABC board to court for their decision to retain the controversial Hlaudi Motsoeneng.

Madonsela said this yesterday after the SABC announced Motsoeneng would no longer be the chief operating officer (COO) following a court ruling that he was not fit to hold that position.

The public broadcaster instead announced Motsoeneng as group executive for corporate affairs just over an hour after Madonsela's warning. Motsoeneng's battle to hold on to the position of COO ended in failure after the Supreme Court of Appeal endorsed a Western Cape High Court ruling which found his appointment unlawful.

The high court case was initiated by the DA following Madonsela's report that Motsoeneng was unfit to hold the post as he had lied about his qualifications.

DA federal executive chairman James Selfe told Sowetan that they would also take the SABC to court for reappointing Motsoeneng to his old post. He said corporate governance processes were not followed. "Even if they appoint him back to the position of COO, we will go to court."

Madonsela said Motsoeneng was not fit to be retained in any executive role at the SABC.

She said if Muthambi and the SABC board retain Motsoeneng, that would be "disrespectful". "I indicated to the minister that should she or the board proceed with this matter, we will take it to court.

"We will instruct our attorneys to sue both the minister and SABC board, and will seek costs from them as individuals," Madonsela added.

Despite Madonsela's warning, the board went ahead and announced it would retain Motsoeneng. Madonsela said she would also demand to know what processes were followed in appointing Motsoeneng.

"Once I get the response, I am going to evaluate the response and if it is inadequate, I am going to take action."

Madonsela said her report into Motsoeneng had found him to be a dishonest person who was unsuitable for any senior post at the broadcaster. She said the high court ruling against Motsoeneng was based on that. She said appointing Motsoeneng would be interpreted as disregarding the rule of law.

"That's not just disrespect for the public protector, it's disrespect for the courts. It is my duty as public protector to enforce the rule of law and to ensure good governance," Madonsela said.

SABC board chairman Mbulaheni Maguvhe said yesterday that Madonsela's comments that Motsoeneng could not be appointed to an executive position prejudiced him from getting a job.

Madonsela also responded to the ANC's latest attacks, including accusations that she was a Central Intelligence Agency spy.

She said those who were concerned about her investigations into state capture and President Jacob Zuma's relationship with the Guptas were scared of being fingered.

 

Madonsela threatened to take her detractors head-on once she leaves office on October 15. - Additional reporting by George Matlala

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