African Content Movement (ACM) leader Hlaudi Motsoeneng speaks during an interview in Johannesburg on 17 May 2024. Picture: Gallo Images / Tebogo Letsie
Former South African Broadcasting Corporation (SABC) chief operating officer (COO) Hlaudi Motsoeneng has turned to the highest court in the land in a bid to appeal a ruling compelling him to pay back R11.5 million to the public broadcaster.
Motsoeneng lodged an appeal directly with the Constitutional Court (ConCourt) on Monday.
This came after the Supreme Court of Appeal (SCA) denied Motsoeneng’s request for condonation regarding his expired special leave to appeal against a previous judgment upheld by the Gauteng High Court in Johannesburg.
The high court declared the SABC board’s decision to grant Motsoeneng an R11.5 million “success fee” as unlawful in December 2021.
As a result, Motsoeneng was instructed to reimburse the sum with 15.% interest to the SABC within seven days.
In his latest court papers where the SABC and Special Investigating Unit (SIU) have been cited as respondents, Motsoeneng argued that the high court had erred in deciding he had committed misconduct and had been dishonest when he received the money.
The former SABC COO highlighted that the board’s governance and nominations committee (GNC) approved the success fee.
“The GNC approves conditions of employment and all benefits applicable to the GCEO, COO, CFO and terms and conditions of the service of employment of such individuals.
“I was never dishonest in receiving the success fee nor did I at any point conceal receiving the success fee.
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“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,” Motsoeneng said in his application.
The African Content Movement (ACM) leader also contends to the ConCourt that his matter raises “constitutional issues” hence his decision to approach the apex court.
In 2016, the SABC board’s GNU approved an R11.5 million success fee for Motsoeneng, rewarding him for brokering a deal with MultiChoice.
The public broadcaster later informed the GNC that it lacked the authority to pay Motsoeneng this fee and initiated court proceedings to withhold his pension benefits in an attempt to recover the money.
Subsequently, the Gauteng High Court in Johannesburg ruled in favour of the SABC and the SIU.
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.
According to the SIU, Motsoeneng was required to file the appeal record, but he missed the deadline.
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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.
The SIU had previously warned that Motsoeneng risked losing his pension benefits if he failed to repay the money.
Motsoeneng was dismissed from his position in 2017 following an internal disciplinary hearing that found him guilty of misconduct.
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