The Constitutional Court has ruled against former SABC Chief Operating Officer (COO) Hlaudi Motsoeneng, denying him the chance to appeal a previous decision made by the Supreme Court of Appeal (SCA). The case relates to the unlawful R11.5 million success fee that Motsoeneng received from the SABC. The total amount he now owes, including interest, is approximately R18 million.
Motsoeneng had attempted to challenge the SCA’s ruling from January 19, 2023, which upheld a decision by the High Court in Gauteng. The High Court had declared the payment invalid and ordered that he return the money. The SABC Board had awarded Motsoeneng the success fee in August 2016, crediting him for his role in securing a significant deal with MultiChoice.
The Special Investigating Unit (SIU) has already recovered over R6.4 million from Motsoeneng’s pension benefits. SIU spokesperson Kaizer Kganyago welcomed the ruling, noting that it paves the way to recover the outstanding balance.
Motsoeneng, speaking to The Star, claimed ignorance of the judgement, stating, “I don’t know what you are talking about, I haven’t received anything.” He refrained from commenting further until he officially receives the court’s judgement.
According to the court’s order, Motsoeneng’s application for leave to appeal was denied with costs. Acting Registrar of the Constitutional Court, Mpilo Hlongwane, explained that the court found no grounds for appeal, thus upholding previous rulings against Motsoeneng.
The Financial Implications for Motsoeneng
Motsoeneng’s liabilities have grown significantly, with interest raising the initial R11.5 million to R18 million. While a portion has already been recovered from his pension, the SIU will continue its efforts to reclaim the remaining funds.
A Long Legal Battle
This case marks another chapter in a series of legal battles involving Motsoeneng. His tenure at the SABC was marked by controversy, and this latest ruling cements the fallout from his management decisions. The SIU remains steadfast in its commitment to recovering the full amount owed by Motsoeneng, ensuring accountability in public institutions.