Hlaudi Motsoeneng appeal fails in ConCourt, now has to pay R18 million back to SABC

A decisive blow has been dealt to former SABC chief operating officer (COO) Hlaudi Motsoeneng’s appeal to avoid repaying R11.5 million.

In June, Motsoeneng sought to appeal a judgment from the Supreme Court of Appeal (SCA) by approaching the Constitutional Court (ConCourt).

The SCA had previously dismissed his appeal against a ruling from the Gauteng High Court in Johannesburg, which deemed the SABC board’s decision to award Motsoeneng an R11.5 million “success fee” unlawful.

Consequently, the court ordered Motsoeneng to repay the amount, along with 15% interest, to the SABC within seven days.

ConCourt rejects Hlaudi Motsoeneng appeal

Now, the ConCourt has dismissed Motsoeneng’s appeal in what appears to be the final nail in the coffin for the former SABC executive.

According to the Special Investigating Unit (SIU), Motsoeneng would have to pay a total of approximately R18 million.

ALSO READ: ‘SABC never paid full R11.5m to me’ – Hlaudi Motsoeneng heads to ConCourt

At least R6 million (R6 476 515.21) has been recovered from his pension benefits.

“The SIU welcomes and sees the Constitutional Court’s decision of 18 September 2024 as a positive step, as it clears the way to pursue the outstanding amount from Motsoeneng,” the unit said in a brief statement on Thursday.

Motsoeneng claims he was never paid

In his application to the ConCourt, Motsoeneng argued that the high court had incorrectly determined that he engaged in misconduct and acted dishonestly in receiving the funds.

He emphasised that the board’s governance and nominations committee (GNC) had approved the success fee.

Motsoeneng also asserted that the SABC did not pay him the full amount of R11 508 549.12.

READ MORE: Hlaudi Motsoeneng, execs acted unlawfully when paying music legends

In 2016, the SABC board’s GNC had sanctioned the fee as a reward for his role in securing a deal with MultiChoice.

However, the public broadcaster later informed the GNC that it lacked the authority to pay Motsoeneng the fee and subsequently initiated legal proceedings.

SABC, SIU take Motsoeneng to court

Subsequently, the high court ruled in favour of the SABC and the SIU in December 2021.

Motsoeneng sought leave to appeal, but his application was dismissed in July 2022.

He then petitioned the SCA, however, his appeal was rejected with costs in January 2023.

In a twist, the SCA president granted Motsoeneng’s application for reconsideration in November 2023.

READ MORE: Hlaudi Motsoeneng’s bid to overturn R11.5m ‘success fee’ ruling rejected by SCA

According to the SIU, Motsoeneng was required to file the appeal record, but he missed the deadline.

He later applied for and was granted condonation, yet he once again filed his arguments late, causing the appeal to lapse.

The SCA heard the matter on 15 May 2024 and delivered its judgment before the month concluded.

Motsoeneng was dismissed from his position in 2017 following an internal disciplinary hearing that found him guilty of misconduct.