A leaked confidential letter circulated among the SABC board reveals that the teflon-coated Hlaudi Motsoeneng returned to his COO position on a technicality, the day after his second bid for an appeal was dismissed.

The letter, dated Monday 19th September after the Supreme Court of Appeal dismissed the application for leave to appeal the decision by the Western Cape High Court that Motsoeneng appointment as SABC COO was illegal and that he be suspended, was leaked to media last night.

It confirms reports that some members of the board planned to approach the Minister of Communications, Faith Muthambi, to reinstate Motsoeneng on a rotational basis from this month through to December.

The bottom of the letter states that it had been resolved that Motsoeneng would be appointed as acting COO.

Hlaudi

Although appointing him as permanent COO would be in contempt of court, putting him in the acting COO position is a handy loophole because the ruling was not directed at the “acting” position, but the permanent one.

The Communications Ministry however, has denied receiving the above letter from the SABC.

“We want to state categorically that we have not formally received such letter from the SABC Board for the Minister’s consideration,” the department said in a statement.

“As stated before, we are confident that the SABC will give due consideration to the court ruling in the case of Motsoeneng. As the shareholder representative, our duty is to wait for the SABC to engage us formally on this matter, in line with the mandate of the broadcaster. Until such time, it would be highly in appropriate for the ministry to make public pronouncements.”

Neither Kaizer Kganyago, the SABC spokesperson, or the board would comment on whether or not Motsoeneng is acting COO currently.