The Constitutional Court has denied Hlaudi Motsoeneng, the former SABC chief operating officer (COO), the opportunity to appeal a Supreme Court of Appeal decision regarding the success fee he received from the public broadcaster, making him liable to pay back R11.5 million.
Motsoeneng sought to appeal a January 19, 2023, decision by the Supreme Court of Appeal, which had dismissed his application with costs.
This application was in relation to a High Court decision in Gauteng Local Division, Johannesburg, which declared the payment of R 11.5 million to Motsoeneng by the then SABC Board as unlawful and invalid.
In August 2016, the SABC Board decided to pay Motsoeneng a success fee for his role in securing the MultiChoice deal.
The High Court ruled that Motsoeneng must repay the SABC R 11.5 million plus interest, bringing his total liabilities to approximately R18 million.
The Special Investigating Unit (SIU) said it has already recovered R6 476,515.21 from his pension benefits.
“The SIU welcomes and sees the Constitutional Court’s decision of September 18, 2024 as a positive step as it clears the way to pursue the outstanding amount from Motsoeneng,” said SIU spokesperson Kaizer Kganyago.
Speaking with ‘The Star’ on Thursday, Motsoeneng said he knew nothing about the judgement, adding that he hasn’t seen or received it.
“I don’t know what you talking about, I haven’t received anything, so it would be difficult for me to comment on something I am not aware of. I will be able to comment once I have received the court judgement, but for now I can’t say anything,” Motsoeneng said.
According to the order, leave to appeal is refused with costs.
“The Constitutional Court has considered the application for condonation and the application for leave to appeal and has concluded that the application for leave to appeal does not engage its jurisdiction. Consequently, leave to appeal must be refused with costs and the Court need not decide the application for condonation,” said Acting Registrar of the Constitutional Court Mpilo Hlongwane.