Hlaudi Motsoeneng: End of the buffoonery era – now pay back the money

A’s leading graft-buster, the Special Investigating Unit (SIU), earned praise for dealing with corruption-related cases, the latest being that of former SABC boss Hlaudi Motsoeneng, who has to pay back about R23 million in fees and interest.

The High Court in Johannesburg this week set aside the 2016 R11.5 million “success fee” bonus paid to him by the SABC and gave Motsoeneng – now president of the African Content Movement political party – seven days to repay the money, with an annual interest rate of 15.5%, dating back five years ago.

Motsoeneng, who was rewarded with the “success fee” after concluding a broadcasting deal with MultiChoice, has also been ordered to pay the costs of the application and that of the SABC’s and SIU’s legal counsel.

He is also awaiting a R10 million wasteful and irregular expenditure case. Presenting a brave face amid legal woes, a chuckling Motsoeneng said: “As leaders, we are used to such things, but I remain strong. I will deal with this situation.

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“Let me and my lawyers first study the ruling.”

From Motsoeneng to former Gauteng health MEC Brian Hlongwa, the SIU has been making successful investigations, earning praise from civil society.

Corruption Watch executive director David Lewis said: “The SIU has proven to be a very effective anticorruption body – seemingly the only anticorruption unit that survived the Jacob Zuma administration in best shape.

“It is well-led, using the Special Tribunal and its forums very effectively in fighting corruption.

“While the unit may not have criminal prosecutorial powers, it can refer matters to the Hawks and the NPA [National Prosecuting Authority].

“It has proven that it can also investigate systematic corruption in society – not just high-profile cases.

“We have seen how, at local government level, infrastructural build programmes have been disrupted by the construction mafia – extorting monies from some companies.

“Hlaudi is a classic illustration of how a reign of a buffoon at the SABC has come to an end. He has to pay the money or go to jail.”

While lauding the SIU, advocate Paul Hoffman, director of Accountability Now, called on government to “usefully incorporate the SIU into the Chapter 9 Integrity Commission – ending duplication of effort to [rake] back the
loot and crushing corruption”.

“SA will only succeed as a country when the culture of corruption with impunity ends in orange overalls for all looters – no matter how politically well connected.

“The SIU is not a part of the criminal justice administration.

“It is more effective than the NPA and much more efficient than the Hawks.

“Integrity testing of all personnel, as introduced by Willie Hofmeyr, ensures excellence and the … onus in civil proceedings for recovery of loot.

“On the downside, the SIU can only do what the president – by proclamation – tells it to do.

ALSO READ: High court orders Hlaudi Motsoeneng to pay back R11.5 million to SABC

“It solved the Bosasa case more than 10 years before the NPA laid any charges.

“Its successes on tenderpreneurism and Covidpreneurism are not mirrored by the work of the criminal justice administration,” said Hoffman.

In a string of cases, the SIU:

• Last year won a civil case against two Gauteng health service providers in the Life Esidimeni scandal – recovering more than R600 000.
• Produced a report in 2018, which implicated Hlongwa on alleged corruption involving R1.2 billion, related to tenders.
• Collaborated with the Hawks in the arrest of businessman Edwin Sodi – among prime suspects in the R255 million Free State asbestos scandal, also implicating former premier Ace Magashule.

– brians@citizen.co.za