Cabinet: Motsoeneng’s reappointment disrespect for rule of law

SEPTEMBER 30, 2016

Cabinet has called  on the South African Broadcasting Corporation (SABC) Board to abide by the Supreme Court of Appeal (SCA) in handling the matter affecting the corporation's former Chief Operations Officer, Hlaudi Motsoeneng. 

Briefing the media on Thursday, following this week's extended cabinet meeting, Minister in the Presidency  Jeff Radebe said the SABC’s decision to reappoint Hlaudi Motsoeneng in a new position showed disrespect for the rule of law.

“Attempts to subvert the SCA ruling through legally suspect interpretations border on violating the constitutional principle of legality and challenge the constitutionally assigned judicial authority of our courts,” Minister Radebe said.

The public broadcaster this week re-appointed Motsoeneng as the Group Executive of Corporate Affairs. 
This after Motsoeneng was forced to vacate his Chief Operations Officer position following the SCA judgment upholding an earlier decision by the High Court that his appointment was unlawful and irrational.

A report of the Public Protector found that he had misrepresented his matric qualification and hiked his salary from R1.5m to R2.4m in a single year.

Minister Radebe said cabinet  reiterates the  statement issued by the Presidency that courts are the highest arbiters in disputes in society and all in our country must respect the courts and ensure that the Constitution and the rule of law prevail at all times.

“Cabinet reminds the Board of the Section 165 of the Constitution: that an order or decision issued by a court binds all persons to whom and organs of state to which it applies,” Minister Radebe said, adding that Cabinet  has directed the Minister of Communications Faith Muthambi to urgently take steps to address the matter with the SABC Board.