Hlaudi Mostoeneng has yet again suffered another legal defeat at the hands of the DA after the Western Cape High Court ruled that his appointment as GE of Corporate Affairs at the SABC was illegal.

In October, a month after Motsoeneng’s abrupt new appointment, the DA wrote to SABC board chairperson, Mbulaheni Maguvhe to fire Motsoeneng, failing which the party would take the legal route to have him thrown out.

Maguvhe didn’t comply with the demand and the DA made an application to the court – the same one that ruled Motsoeneng’s appointment as COO was unlawful – to battle the matter out in court.

The DA had also demanded that the remedial action outlined in the 2014 Public Protector’s report on Motsoeneng’s irregular appointment as COO, be implemented (the SABC has to date mostly failed to do so) and that the supposed hearing held as prescribed by Thuli Madonsela to investigate the process of appointing him (which was found to not have been followed correctly) be set aside.

The DA has won the matter on both these fronts.

Key rulings

The court not only found Motsoeneng’s appointment to be invalid, but ruled that he may not hold any position at the SABC pending a review and setting aside of the Public Protector’s report.

Effectively, this means Motsoeneng has to be removed from the SABC in the interim. However, that may not happen as he is likely to appeal to ruling, something he’s become known for whenever he loses a court battle.

The board, which at the time consisted of more people than Maguvhe alone, was found to have acted inconsistently with the report’s recommendations and the Constitution.

The supposed disciplinary hearing has also been ruled invalid and not in line with the report and the SABC has been ordered to reinstitute a new one, with new witnesses and a chair.

Motsoeneng has also been order to pay for the case’s legal fees.

“Pack and go Hlaudi”

The DA expressed their satisfaction with the ruling, with leader Mmusi Maimane calling for those working at the SABC to “throw” Motsoeneng out if he arrives at its offices tomorrow.

“As at this point in time, the Public Protector’s Report stands, therefore Mr Motsoeneng should immediately vacate his office at the SABC’s Auckland Park Headquarters and a disciplinary process must be instituted and conducted in a transparent and accountable manner,” the party said after the ruling was delivered.