If Hlaudi Motsoeneng finds himself back in the chief operating officer's (COO) chair at the South African Broadcasting Corporation (SABC)‚ even in an acting capacity‚ he could find himself in contempt of court. Reports surfaced this week that the SABC's board has hatched a plan to see Motsoeneng return to the position. Yet the Supreme Court of Appeal (SCA) dismissed his application for leave to appeal a high court ruling‚ setting aside his permanent employment as COO. In a draft proposal seen by TMG Digital‚ from group company secretary Theresa Geldenhuys to board members‚ it is suggested that Motsoeneng be appointed acting COO until December‚ with Communications Minister Faith Muthambi's approval. The move‚ which the board has not yet taken a vote on‚ would fly in the face of a damning public protector's report‚ which found Motsoeneng had lied about his matric qualification‚ and other rulings against the former COO. If the SABC board's draft proposal succeeds‚ what might the consequences be?Legal expert Shadrack Gutto‚ of the University of South Africa‚ says that if Motsoening is reappointed as COO or appointed in an acting capacity‚ it would a contempt of court issue."The whole board will be in contempt of court as it will be their responsibility to terminate his contract. It is unlwaful. It is unconstitutional‚” Gutto said. “I think there should be an urgent application to court to declare this in contempt of court."Lawyer Ulrich Roux says being held in contempt of court may have serious repercussions‚ including jail time.“When a court order is granted and a person is in contempt [thereof] an application can be brought by the party who obtained the order for that person to be held in contempt‚” he said.“If the court finds the person to be in contempt‚ it can make an order that he be imprisoned for a period of at least 30 days. The repercussions are quite serious‚” Roux said.A court may also impose a fine.Roux said that in most cases the court is likely to grant an indulgence to allow the party in contempt to abide by the initial court order. If the person fails to do so‚ time in prison may be the next step.Roux added that the question of whether appointing Motsoeneng in an acting capacity‚ and not permanently‚ is in contempt of court and open for interpretation and argument before a judge.The Democratic Alliance (DA)‚ which brought the application to have Motsoeneng's appointment as COO set aside in the Western Cape High Court‚ has written to the SABC requesting details of his status at the broadcaster and given it until Monday to respond.“Hlaudi Motsoeneng and the SABC must now comply with the judgement of the Western Cape High Court. Failure to do so will leave the DA with no other option but to pursue the matter further‚” it said in a statement.If the DA seeks an order holding Motsoeneng in contempt of court‚ it may include others who were respondents in its initial application to the high court.Roux said that if it wishes to add further parties to its application‚ it would have to apply to do so.Muthambi's office said on Thursday she has not received the alleged proposal letter from the SABC board or been asked to appoint Motsoeneng as acting COO.Outgoing Public Protector Thuli Madonsela told Radio 702 on Friday that she had written to Muthambi to say “she should reject the letter because it would be irrational‚ unreasonable‚ unlawful and it is generally a violation of principles of corporate governance” and sections of the Constitution.Motsoeneng appears to be running out of friends of fast.The Presidency said in a statement that it respects the judgment of the Supreme Court of Appeal relating to the position of COO at the SABC."At the meeting between government and the judiciary last year‚ it was reaffirmed that government would respect court rulings. Government fully abides by that undertaking‚" it said.The Congress of the People (COPE) said it condemns the SABC board's resolution to ask Muthambi to re-appoint Motsoeneng.“The board can't keep on defending Motsoeneng. We all know that his appointment was unlawful.“COPE will embark on a sit-in to oppose Motsoeneng’s illegally re-appointment‚” it said...