The Supreme Court of Appeal (SCA) dismissed with costs an application by former SABC Chief Operations Officer Hlaudi Motsoeneng to appeal an order declaring the then-SABC board’s decision to pay him R11.5 million unlawful and invalid.
Motsoeneng received a substantial bonus in August 2016 for securing a contentious agreement with MultiChoice that granted the pay-TV giant access to the SABC archives.
The Special Investigating Unit (SIU) was tasked in February 2018 with recouping the broadcaster’s financial losses.
The case was heard in court, and the South Gauteng High Court ordered Motsoeneng to repay the money to the SABC within seven days.
Unsatisfied with the outcome, he filed an appeal with the SCA.
The SCA, on the other hand, ruled against Motsoeneng on January 19.
The application was denied by Justices Van Der Merwe and Kathree-Setiloane on the grounds that there was no reasonable prospect of success in an appeal and no other compelling reason why an appeal should be heard.
According to the high court ruling, Motsoeneng has been ordered to repay R11 508 549.12 within seven days of the order, plus interest at the rate of 15.5% per annum calculated from September 13, 2016 to the date of payment.
If Motsoeneng does not pay within seven days, the SABC Pension Fund is ordered to pay the amount or all pension proceeds if the pension proceeds do not add up to R11 508 549.12.
SIU spokesperson Kaizer Kganyago stated that the unit welcomes the SCA’s decision because it allows the unit to recover the financial losses suffered by the SABC.