The top of the Particular Investigating Unit (SIU), Andy Mothibi, confirmed on Wednesday that the company plans to request acceptable prices towards former SABC CEO Hlaudi Motsoeneng following his enchantment to the Constitutional Court docket difficult earlier antagonistic findings made towards him.
This improvement comes after Motsoeneng filed an software for depart to enchantment to the apex court docket, subsequent to the SIU efficiently overturning a R11.5 million bonus awarded to him, which should now be repaid.
Briefing the Standing Committee on Public Accounts (Scopa), Mothibi mentioned Motsoeneng was difficult their findings from decrease courts to the Supreme Court docket of Enchantment all the best way to the Constitutional Court docket.
“He’s going again to the Constitutional Court docket to evaluate or rescind their judgment. That is the place we can be certified to say there may be abuse of court docket course of. We’ll ask for acceptable prices,” he mentioned.
Mothibi charged that Motsoeneng was actually abusing the authorized course of.
“That is actually to indicate that, to a larger extent, he actually believes that both he shouldn’t be investigated. I can’t simply put my head onto it.”
Nonetheless, Mothibi mentioned anybody has the suitable to authorized recourse.
“It’s his proper to problem the findings which are antagonistic to him. Within the context of litigation course of, I’m of the view he’s actually abusing the authorized course of, significantly as soon as the Constitutional Court docket has made a ruling,” he mentioned.
Mothibi made the feedback when the SIU briefed Scopa concerning the investigations it has carried out on the SABC.
The investigations emanated from proclamations authorised between 2010 and 2024.
Chief nationwide investigating officer Zodwa Xesibe informed the MPs {that a} proclamation was issued in 2017 following a parliamentary inquiry into the SABC affairs.
Xesibe mentioned the investigation coated contracts, together with the sale of the general public broadcaster’s archives.
SIU authorized counsel Ntuthuzelo Vanara mentioned one of many issues associated to the R11.5 million bonus paid to Motsoeneng as “success charge” that was put aside.
“The bonus quantity elevated from R11.5m due to curiosity to R18m. Of that quantity, there was R6m that may have been paid from his pension profit.
“We finalised this matter,” Vanara mentioned.
Nonetheless, the court docket had ordered Motsoeneng’s authorized charges paid by SABC be repaid to the tune of R1.2m.
“He had apparently used SABC to pay his private issues with a private legal professional. We recovered R851 981 along with curiosity.”
The previous CEO misplaced an enchantment bid and SABC pension fund payout to the tune of R6.4m.
Vanara additionally mentioned a R52m contract with Imaginative and prescient View was put aside and R7m contract with Mott MacDonald, amongst others.
In a presentation to the Scopa, the SIU reported that Mjayeli Safety was interesting a court docket choice that put aside the contract it was awarded after it was discovered to have come second within the successful bidders.
Vanara additionally mentioned within the case involving declare damages suffered by SABC resulting from irregular workers appointments and increments, illegal termination of employment of workers and illegal success charge fee acquired, a pre-trial discover for the pre-trial convention has been served they usually have been setting date for the convention.
He added that the SIU was looking for to get well the success charge fee made to Motsoeneng from the then-board members.
“The registrar allotted 9 Could 2025 for the listening to of the defendants Rule 30 software towards our software for default judgment.”
mayibongwe.maqhina@inl.co.za
