Courts must tread a fine line, says Motsoeneng

16 October 2015 - 02:47 By Philani Nombembe

SABC chief operating officer Hlaudi Motsoeneng has cautioned the courts against overstepping the mark in their judgments on labour matters. Motsoeneng is appealing against a ruling by the Supreme Court of Appeal last week ordering the SABC to suspend him and institute disciplinary proceedings against him."Not only are there good prospects of success on appeal, but this matter concerns the delicate balance between inappropriate interference by the courts in the exercise of executive power and the need to ensure that public power is exercised rationally and lawfully," Motsoeneng says in an affidavit he filed at the Constitutional Court this week in support of his appeal."At its heart this dispute is about the decision-making power of an employer and state functionary, tasked with the administration of public broadcasting, to discipline a senior employee."Public Protector Thuli Madonsela found that Motsoeneng, then acting chief operating officer, had abused his powers, irregularly increased his own salary and misrepresented his qualifications.He was confirmed to the post regardless and the DA took him, the SABC and Communications Minister Faith Muthambi to court to enforce Madonsela's findings, which culminated in the Supreme Court of Appeal ruling.The SABC initiated disciplinary action against him on Monday. He will face a hearing on October 30.

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