Protector to begin new probe against Motsoeneng

LazyLion

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Public Protector Thuli Madonsela will launch a new investigation into SABC chief operations officer (COO) Hlaudi Motsoeneng following his permanent appointment to the post, her spokeswoman said on Friday.

"The investigation will focus on the process followed in the appointment of Mr Motsoeneng which is at odds with the SABC's Articles of Association," Kgalalelo Masibi said in an e-mail to Sapa.

"The Public Protector has received complaints regarding allegations of maladministration and improper and unethical conduct in the appointment of Mr Motsoeneng. The allegations are that the minister appointed [him] despite him not being suitably qualified."

The investigation will consider what process was followed in the appointment, whether he has the qualifications required for the post, whether the post was advertised, and why recommendations in her previous report against him were ignored.

In February, Madonsela released a report against Motsoeneng, while he was acting COO. She found that his salary increased from R1.5 million to R2.4m in one year, that he had purged senior staff, and misrepresented his qualifications -- that he passed matric -- to the SABC.

At the time, Madonsela recommended that a new COO be appointed to the SABC within 90 days.

Communications Minister Faith Muthambi announced Motsoeneng's appointment on Tuesday, saying the decision was taken following a recommendation by the SABC board. She said he was cleared of all wrongdoing by a legal firm before being appointed permanently.

Madonsela has requested a meeting with Muthambi and the SABC over the appointment, said Masibi.

"She wanted to meet with them so that they can explain to her what happened to the remedial action, as stipulated in her previous report," she said.

The Democratic Alliance on Friday welcomed the move by Madonsela, saying Motsoeneng was "bad news" for South Africa.

"There is ample prima facie evidence that the decision to appoint Mr Motsoeneng was deeply flawed, irrational and possibly unlawful," said DA MP Gavin Davis in a statement.

"The post was not advertised and no candidates were shortlisted and interviewed...[and] Mr Motsoeneng is not in possession of the qualifications required for the post."

The party was also consulting with its legal team to assess the possibility of having his new appointment overturned in court.

"Mr Motsoeneng is bad news for every South African who values independent public broadcasting. We will keep fighting to ensure that justice and common sense prevails," he said.


Source : Sapa /mar/fg/ar/jje
Date : 11 Jul 2014 10:59
 
People should be out in the streets demonstrating againt the ANC, asking why our government is ignoring our constitution.

Or we could slap a badge on Thuli, give her two low hanging .45's and call her sherrif from now on.
I recon letting her clean out them bad apples old western style will get the job done quickly.

Thuli, not a clown, for president!
 
This is not easy as its made out to be. Motsoeneng unfortunately has a "legitimate expectation" to be appointed full-time, and the SABC would have to go through a very long legal process if they fire him. They will either have to settle, thereby paying him millions, or they will have to litigate at the own expense since Hlaudi is a senior employee. The public protector can write as many reports as she wants but only parliament can recommend that Hlaudi be fired. The court can only declare his appointment void, but the court can't fire him. So the SABC board, which is full of political appointees have no choice but to hire him otherwise they get sued for years and they still wont be able to hire a permanent COO.
 
This is not easy as its made out to be. Motsoeneng unfortunately has a "legitimate expectation" to be appointed full-time, and the SABC would have to go through a very long legal process if they fire him. They will either have to settle, thereby paying him millions, or they will have to litigate at the own expense since Hlaudi is a senior employee. The public protector can write as many reports as she wants but only parliament can recommend that Hlaudi be fired. The court can only declare his appointment void, but the court can't fire him. So the SABC board, which is full of political appointees have no choice but to hire him otherwise they get sued for years and they still wont be able to hire a permanent COO.

Not if his application was fraudulent.
 
Didn't the matric certificate fraud happen decades ago when he first applied for the job?

If it is the case, then the SABC itself set a precedent that they allowed it.

Now they have only themselves to blame. Had they acted earlier, or at the first opportunity...


/cares
 
It matters because you can't discipline an employee for something that happened decades ago. And besides, the guy apparently has a NQF level 5 qualification so the matric doesn't matter.
 
It matters because you can't discipline an employee for something that happened decades ago. And besides, the guy apparently has a NQF level 5 qualification so the matric doesn't matter.

For that sort of job you ideally want a BCom LLB or MBA.
 
For that sort of job you ideally want a BCom LLB or MBA.

I agree that he doesn't qualify for the job if we use the general job requirements of a COO. (I recognise that there are many COOs that lack qualifications, but this is a public institution so the standard is higher). What I don't understand is the perception that he should be fired because he faked a matric certificate decades ago. I have read many labour law cases and you can't discipline an employee when a reasonable period has passed since the transgression occured, so the SABC can't fire him on that basis. I read articles that the principle that applied to Menzi Simelane should apply to him, but that's misguided because in Menzi's case there was a requirement of NDPP and that included being "fit and proper" so the President fired him based on that. In SABC, I' not aware of the requirement that the COO has to be "fit and proper", nor does the CIPC make such requirement, contrary to FF+ complaint.

This and the fact that the court can't fire anybody whom the employer doesn't want fired makes this latest saga meaningless. Public Protector will write her another report and the SABC board will simply ignore her, and if the report gets to parliament ANC MPs will crush it. But legally I find no basis for his removal, since he was never found guilty of fraud and the board has cleared him of the allegations contained in the Public Protector's report.
 
It matters because you can't discipline an employee for something that happened decades ago. And besides, the guy apparently has a NQF level 5 qualification so the matric doesn't matter.

It does matter, and yes you can.

It has come to light AFTER the fact that he fraudulently presented his qualifications.... that is enough to fire any employee.
 
It does matter, and yes you can.

It has come to light AFTER the fact that he fraudulently presented his qualifications.... that is enough to fire any employee.

"After the fact" also happened years ago, and no it can't be done. I'll find you a labour case on monday where this has been deliberated.
 
"After the fact" also happened years ago, and no it can't be done. I'll find you a labour case on monday where this has been deliberated.

He is still not qualified for the job - he is just a buffoon.
 
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