The Sunday Times has thrown more light on the ministerial manoeuvrings and the alleged law firm cleansing that led to the permanent appointment of Hlaudi Motsoeneng as the SABCs chief operating officer last week, notes Legalbrief. The newspaper quotes what it describes as highly-placed sources as saying Muthambi had ignored the fact that no formal settlement had been reached with the previous chief operating officer, Mvuzo Mbebe, who had successfully brought an interdict against the SABC in 2008 preventing the broadcaster from filling the position. Mbebe was offered the job in 2007, but a previous SABC board overturned the decision. Since then, the broadcaster and the Department of Communications have been entangled in negotiations. The Sunday Times says Mbebe has confirmed his lawyers wrote to Muthambi regarding his settlement. He had agreed to a settlement proposed by Muthambis predecessor, Yunus Carrim, but this was never finalised. If no deal exists with Mbebe, notes the report, Muthambi is in contempt of court for ignoring the interdict. The Sunday Times also questions Muthambis claim that a legal opinion had cleared Motsoeneng of wrongdoing. It says Titus Mchunu, of Mchunu Attorneys, distanced his firm from the opinion, saying it had not advised the SABC board on Motsoenengs latest appointment. We dont have instructions on the appointment of Mr Motsoeneng. We have instructions to deal with the (Public Protectors) report and advise the board. Mchunu said the firm had dealt with Motsoenengs initial permanent employment in 1995 as a junior reporter. It discovered that, at the time of his employment, he did disclose not having a matric certificate. He said the firm was in possession of two affidavits signed by senior managers at the SABC confirming that Motsoeneng did not lie about his qualification in 1995. Asked about Motsoenengs admission when he was interviewed by the Public Protector that he lied about having a matric when he applied for the chief operating officer post, Mchunu reportedly said he was not involved in that aspect. The Motsoeneng issue split the SABC board at last weeks meeting, with two members, Professor Bongani Khumalo and Vusumuzi Mavuso, abstaining after they spoke out against Motsoenengs appointment. The board members who voted in favour were chair Zandile Tshabalala, her deputy, Professor Mbulaheni Obert Maghuve, Nomvuyo Mhlakaza, Ndivhoniswani Tshidzumba, Leah Khumalo and Hope Zinde. Three board members, Ronnie Lubisi, Krish Naidoo and Rachel Kalidass, voted against the appointment. And a City Press report claims the chairperson of the SABC misled Parliament about her qualifications, It says Tshabalala - whom President Jacob Zuma appointed last October to head the public broadcasters board - claimed to have a commerce degree and a postgraduate diploma, but she has neither. In her CV before Parliaments Communications Committee, which interviewed her for a board position, Tshabalala said she graduated from Unisa with a BCom and a postgraduate diploma in labour relations. This claim was repeated in a statement by the Presidency announcing her appointment. But the universitys response to a Promotion of Access to Information Act application by City Press revealed she has neither of those qualifications. Sikhumbuzo Kholwane, the former chairperson of Parliaments Communications Committee and now an MEC in Mpumalanga, was in charge of the committee that interviewed Tshabalala for a board position last August. Asked if he knew Tshabalala had lied about her qualifications, Kholwane said: No, no, no. I didnt know. But when I think back, the question was raised at that time about certificates to prove her qualifications. As I recall, she made an indication shed lost or misplaced the original certificates of the degrees. I recall her indicating shed requested new certificates from the institutions and had made affidavits to this effect. Muthambi will have to explain her decision to Parliament this week. A Weekend Argus report suggests Muthambi could also be called before an internal ANC committee as alliance pressure to reverse the appointment builds. An opposition party is considering legal steps to overturn the appointment and Public Protector Thuli Madonsela is planning a second investigation of the matter following the latest developments. The report says Parliaments Communications Committee chair Joyce Moloi-Moropa confirmed the decision on Muthambi after a request from DA committee member Gavin Lewis Cosatu general secretary Zwelinzima Vavi described the appointment as a shocking banana republic antic. He added: This goes beyond the Ministers decision. The ANC must save its image. He suggested the SABC had effectively kicked the Public Protector in her mouth and told her to jump in the nearest pool by using a law firm to clear Motsoeneng of the wrongdoings he had been found to have perpetrated by the Public Protector. Meanwhile, the Presidency has denied President Jacob Zuma had anything to do with the appointment of Motsoeneng. The President has no role to play in the appointment of SABC management or staff and did not play any role in the said appointment, the Presidency said in a statement record on the News24 site. A report published in the Mail & Guardian on Friday suggested that Zuma had favoured Motsoeneng for the position. And a report in City Press on Sunday quoted an unnamed source close to Muthambi as saying she briefed Zuma on the appointment. Noting ANC anger over the appointment, the source reportedly added: Surely the ANC should know better than to think the Minister acted alone? She did not just wake up and make this decision. If she informed the president of the ANC, is that not notifying the ANC? The Minister cannot be held responsible if the president did not convey his discussion with her to the rest of the leadership. via: legalbrief.co.za/article.php?story=20140714093205672
Posted on: Tue, 15 Jul 2014 10:00:00 +0000
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