Former SABC Chief Operating Ofiicer Hlaudi Motsoeneng has taken his war with the broadcaster and the Special Investigating Unit (SIU) to the Constitutional Court.
On Monday, Motsoeneng appealed the decision of Johannesburg High Court at the Supreme Court of Appeal (SCA). He was ordered to pay R11.5-million back to the broadcaster. The African Content Movement founder claimed it was paid to him as a success fee. This was for the sterling job he did at the SABC.
Motsoeneng, who is also a former news manager for the broadcaster, was denied request for condonation. This was concerning his delay to appeal the judgment made by the Johannesburg High Court. The judgment was that he should pay back the said amount to the SABC.
Appeal denied by the SCA
The former SABC boss was ordered to pay back the money with 15% within seven days. But Motsoeneng took the matter to the SCA, where his appeal was denied.
Motsoeneng’s application to the Constitutional Court stated that the high court had erred in deciding that he had committed misconduct. It also erred that he had been dishonest when he received the money from the broadcaster.
“I was never dishonest in receiving the success fee. Nor did I at any point conceal receiving the success fee.
“The success rate was made pursuant to the success fee policy. The SABC never paid the full amount of R11,508 549.12 to me,” reads Motsoeneng’s court papers.
He stated in his court papers that his matter raised constitutional issues.
“The subject matter of the dispute …concerns the interpretation and implementation of the delegation of authority framework. As well as the powers conferred the Governance and Nomination Committee (GNC).
The money was a “success fee” for his sterling work
Motsoeneng also stated that the success fee was approved by the GNC for it to be paid to him.
“The GNC approves the conditions of employment and all benefits applicable to the GCEO, COO, CFO. As well as the terms and conditions of the employment service of said individuals,” said Motsoeneng in his court papers.
He said that he was never paid R11.5-million as claimed by the broadcaster. Hlaudi added that he was only paid R6.7-million into his own personal account. He stated that he believed that the SABC paid the difference to Sars, the tax revenue entity.
