SABC chief operating officer Hlaudi Motsoeneng has been given notice to attend a disciplinary hearing at the end of the month, according to an affidavit he filed.
“On 12 October 2015, the SABC initiated disciplinary action against me by delivering a charge sheet and a notice to attend a disciplinary hearing on 30 October 2015,” he stated.
It was not immediately clear what the charges against him were.
The affidavit accompanied his application to the constituional court for leave to appeal a recent supreme court of appeal (SCA) judgment.
The SCA upheld a Western Cape high court order by Judge Ashton Schippers that he be suspended for 60 days while a disciplinary hearing into his alleged malfeasance was conducted.
The Western Cape high court is currently hearing an application by the Democratic Alliance to have Motsoeneng’s appointment set aside.
In his affidavit, Motsoeneng said the relief granted by Schippers went beyond the remedial action taken by public protector Thuli Madonsela.
“She did not once suggest that I should be suspended,” he stated in the affidavit, adding that the relief transgressed the doctrine of the separation of powers. “It further violates my rights to dignity and fair labour practices.
“My dignity will be severely prejudiced if I am pre-emptively suspended and prevented from carrying out my functions as chief operating officer and as an employee of the SABC, creating an impression in the eyes of the public that I am already guilty of the charges that are to be [and have now been] instituted against me.”
He believed the SCA’s judgment, with respect, left open important questions regarding Madonsela’s findings.
“The distinction between the effect of these findings as opposed to remedial action taken by the public protector is, with respect, more nuanced than is recognised by the SCA.”
Madonsela found he lied about having a matric certificate, and that both his appointment as acting chief operating officer and his one-year salary hike from R1,5m to R2,4m were irregular.
The SABC and communications minister Faith Muthambi are listed as co-applicants.
DA federal executive chairman James Selfe indicated in a statement that the party intended seeking a court order holding the SABC in contempt of court for not suspending Motsoeneng.
Selfe said their lawyers had written to the SABC informing them of a 2pm deadline on Wednesday to give effect to his suspension. — News24