Hlaudi fails in bid to stop his SABC disciplinary hearing

Hlaudi Motsoeneng's case in the Labour Court was dismissed on Wednesday afternoon with him being ordered to pay the costs.

The controversial former chief operating officer of the SABC approached the Labour Court in an attempt to have his disciplinary hearing stopped and have the chairperson of the disciplinary committee‚ Nazeem Cassim‚ recuse himself.

Motsoeneng was charged with misconduct following a media conference he called last month in which he criticised the SABC's decision to scrap the 90% local music policy which he implemented.

During the media conference‚ Motsoeneng took a swipe at interim board member Krish Naidoo‚ whom he accused of "selling out".

• Now Hlaudi turns to Labour Court to stop hearingFormer SABC chief operating officer Hlaudi Motsoeneng plans to approach the Labour Court to get his disciplinary hearing stopped. 

Last week‚ Motsoeneng's legal team argued that the issue should rather be heard by the Commission for Conciliation‚ Mediation and Arbitration (CCMA) because comments he made should be considered protected public disclosure.

This is usually a defence used when employees say they were wrongfully charged or dismissed for exposing corruption

Labour Court Judge Stefan Coetzee however dismissed Motsoeneng's application and ordered him to pay the costs of the SABC and Cassim's attorneys.

• Chuckling Motsoeneng takes his battle to the Labour CourtFormer SABC COO Hlaudi Motsoeneng plans to approach the Labour Court to have his disciplinary hearing stopped. 

Motsoeneng was scheduled to appear before the disciplinary committee on Wednesday evening‚ but his attorney Boni Majavu said Cassim had written to them and instead requested a meeting.

Motsoeneng's team are due to file an affidavit stating Motsoeneng's defence by next Wednesday‚ and the matter is now expected to be argued next week on Friday.

Majavu said they hoped the matter would be referred to the Commission for Conciliation‚ Mediation and Arbitration (CCMA) following next week's meeting.

• Plot twist! Hlaudi Motsoeneng mounts whistleblower defence in disciplinary hearingFormer SABC COO Hlaudi Motsoeneng has tried to have his disciplinary hearing halted by alleging that comments made during an April media conference were “protected public disclosure” – a defence usually used by whistleblowers. 

In a statement‚ SABC spokesperson Kaizer Kganyago said: "Following the South African Broadcasting Corporation’s (SABC) announcement that the disciplinary hearing against Mr Motsoeneng was postponed by the Chairperson of the hearing‚ due to Mr Motsoeneng interdicting the process through the Labour Court‚ the matter was heard yesterday by the Court. The disciplinary hearing was around Mr Motsoeneng holding a media conference.

“The Labour Court today at 14:00 dismissed the interdict."

TMG Digital/TimesLIVE