Motsoeneng told to pay up‚ but he’ll go to the ConCourt first

Former SABC chief operating officer Hlaudi Motsoeneng’s application for leave to appeal against a decision that he must personally pay for the legal costs associated with a ban on covering protest action was dismissed with costs.

Trade union Solidarity said it received confirmation from the Supreme Court of Appeal on Tuesday that Motsoeneng’s appeal has been dismissed. However‚ Motsoeneng said he would go to the highest court in the land.

“The only court is the Constitutional Court. My lawyers are preparing an application to the Constitutional Court. The SCA did not rule on the merits of the case‚” Motsoeneng said on Thursday.

Before the Supreme Court of Appeal‚ Motsoeneng wanted to appeal against the decision by the Labour Court‚ which ordered him and the SABC’s former acting group executive for news and current affairs Simon Tebele to pay the legal costs incurred during the dismissal of seven SABC journalists last year.

The dismissal was associated with a court case on his controversial ban on the broadcasting of protest actions by the public broadcaster. This ban resulted in eight journalists - the so-called SABC 8 - being unlawfully fired at the time. Motsoeneng appealed against the Labour Court ruling earlier this year.

“In view of this confirmation by the Supreme Court of Appeal‚ this court will not offer him any further recourse. This is vindication that the SABC 8 had been fired unlawfully and that Motsoeneng’s actions were unlawful and wrongful‚” Solidarity CEO Dirk Hermann said.