SABC board was split over Motsoeneng’s permanent appointment

Faith Muthambi’s decision to appoint Motsoeneng has been called “irrational and unlawful”.

Hlaudi Motsoeneng. Picture: EWN.

CAPE TOWN - It's emerged only six of the South African Broadcast Corporation's (SABC) 11 board members voted in favour Hlaudi Motsoeneng's appointment as permanent Chief Operations Officer (COO).

Yet, in spite of this, and notwithstanding the damning findings against him by the public protector, the Minister of Communications Faith Muthambi took less than a day to confirm his appointment.

Western Cape judge Dennis Davis today ruled that his appointment was both irrational and unlawful.

In his judgment, Davis noted that the recommendation to appoint Motsoeneng was handed to the Minister at 11:30pm on 7 July last year.

The next day she confirmed his appointment.

Referring to the public protector's report and the SABC's own attorney's report, Judge Davis said, "It was difficult to see how within significantly less than 24 hours the minister had concluded rationally that the appointment should be made and no further investigation was requested."

Quoting from the recent Supreme Court of Appeal judgment against the suspended COO, Davis noted that the minister had also said nothing about the failure of the board to hold interviews or advertise the post before recommending Motsoeneng.