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Hlaudi Motsoeneng ordered to repay SABC R11.5m success fee in seven days

Isaac Mahlangu Senior reporter
Former SABC COO Hlaudi Motsoeneng was paid a 'success fee' in 2016 by the then SABC board under questionable circumstances for negotiating a deal with MultiChoice for broadcast rights, including access to the SABC's archives. File photo.
Former SABC COO Hlaudi Motsoeneng was paid a 'success fee' in 2016 by the then SABC board under questionable circumstances for negotiating a deal with MultiChoice for broadcast rights, including access to the SABC's archives. File photo.
Image: Masi Losi/TimesLIVE

Former SABC boss Hlaudi Motsoeneng has been given seven days by the Johannesburg high court to repay the public broadcaster R11.5m.

The high court declared invalid and set aside SABC's board's decision taken in August 2016 to award the then chief operations officer R11.5m success fee.

Judge Jenine Khan ordered that Motsoeneng repay the SABC the money with interest amounting to 15.5% per annum calculated from 13 September 2016 within seven days from 15 December.

Motsoeneng has also been slapped with a cost order for the application which launched by the SABC and the Special Investigating Unit.

However, on Friday morning, Motsoeneng told Sowetan that he was yet to read the judgment and will only respond once he has done so.

"I don't have that judgment, even my lawyers don't have it yet, we are still trying to get it. I need to go through it and read it so that when I respond I do so knowing what the judge has said about her findings," Motsoeneng said.

According to the 65-page judgement, delivered on Wednesday, in the event Motsoeneng does not pay within 7 days, the SABC Pension Fund, the first respondent in the matter, is ordered to pay the aforementioned amount to the SABC.

The SABC pension fund has withheld Motsoeneng's pension which amounts to around R8m.

The SIU and the SABC had approached the court to review and set aside a decision by the former SABC board to pay Motsoeneng a success fee and recover financial losses suffered by the SABC due to that decision.

Motsoeneng opposed the application.

The court challenge came as an SIU investigation in the affairs of the SABC had shown that the SABC irregularly paid monies to individuals and entered into contracts to the detriment of the public broadcaster.

SIU head Adv Andy Mothibi and SABC’s group CEO Madoda Mxakwe welcomed the judgment.

Mxakwe said the judgment bears testimony to the SABC’s commitment to addressing corporate governance failures of the past, while ensuring monies due to the Corporation are recovered.

"We are confident that this judgment demonstrates progress in the SABC’s turnaround journey," Mxakwe said in a statement.

Mothibi said: “This is a continuation of implementation of the SIU investigations outcomes and consequence management to recover monies lost by the SABC. There are other cases enrolled in the High Court and in the Special Tribunal awaiting adjudication and will result in further recoveries for the SABC."

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