Hlaudi Motsoeneng will report for duty to the SABC today‚ but not as the chief operating officer‚ his lawyer, Zola Majavu, said last night.
The Supreme Court of Appeal last week dismissed an application for leave to appeal by the SABC board‚ Communications Minister Faith Muthambi and Motsoeneng against the Cape Town High Court decision which found that Motsoeneng’s appointment was invalid and set it aside.
Majavu‚ speaking to eNCA‚ said Motsoeneng respected the judiciary and that following the judgment he would not be able to work as chief operating officer.
“I have made that clear to him. He understands it. I said [he should] go report for duty. Let the employer indicate what [it is] going to do with your continued employment there,” he said.
“The appointment that was set aside was made by the SABC board with the concurrence of the minister.
“I advised him there would be little point in persisting with the case to the Constitutional Court. He has accepted my view on that score.”
“He has instructed me to write to the SABC to say: ‘The judgment is out. What is your take.’
“The next step would be determined by what the board decides. He is the employee of the SABC.”
Majavu said after receiving a response from the SABC‚ he would advise Motsoeneng on the next step to take.
“The employer must decide whether his position is terminated.”
Majavu said Motsoeneng did not appoint himself.
“Let those who made the decision decide what to do. In my letter‚ I said: ‘Give us a response as matter of extreme urgency.’
“It is up to the employer. He will go there and tender his services.”