These charges are contained in the charge sheet the SABC served on its second highest ranking executive who has to appear at a disciplinary hearing on 30 October.
Hlaudi Motsoeneng has not been suspended pending the disciplinary hearing - the issue of contention and the crux of just one of the protracted court cases against him - yet on Friday he has suddenly placed himself on "voluntary leave".
The minister of communications, Faith Muthambi, has appointed Sandile July from Werksmans Attorneys to initiate the disciplinary proceedings against Hlaudi Motsoeneng.
The disciplinary proceedings which is set for 30 October will be chaired by advocate William Mokhare SC.
According to Hlaudi Motsoeneng's disciplinary hearing charge sheet, signed by the SABC chairperson prof. Mbulaheni Obert Maguvhe, informs Hlaudi Motsoeneng that if he is found guilty "strong action [can] be taken against you, which may include your dismissal".
Hlaudi Motsoeneng is charged with:
1.Gross dishonesty alternatively misrepresentation in that:
The SABC records show that you commenced employment at the SABC on or about 1 March 1995 as a trainee journalist. When you applied for the position (trainee journalist), you completed an application form.
In the application form you completed you recorded that you had passed standard 10 at age 23 with the following subjects: English E, South Sotho E, Afrikaans E, Bibs E, and History F.
You were appointed to the above-mentioned position on the basis that you had passed standard 10 as indicated on your application form.
You continued to make the same claim and representation in your subsequent applications for employment at the SABC.
It is alleged that you misrepresented the facts relating to your qualifications in that you did not possess the standard 10 you alleged to have passed in your application form.
You knew that the representation made in your application form was not true, yet you proceeded and made it nonetheless.
2.Gross dishonesty in that:
In 2003 you applied for the position of executive producer: current affairs with the SABC. In your CV which was part of the application,you stated that you were at some stage "appointed as head of communications at the department of tourism and economical affairs in Northern Cape".
Upon investigation,it was established that the above representation you made in your CV was not true. It is alleged that you were never employed at the aforesaid department. You accordingly misled the SABC into believing that you were once employed at the Department of Tourism in the Northern Cape.
3.Abuse of power, alternatively gross negligence in that:
Sometime during 2011 the position of chief finance officer (CFO) became vacant at the SABC.
It is alleged that you together with other members of the selection panel violated the prescripts of the recruitment and selection policy in appointing Gugu Duda after the initial interview process. Msulwa Daca was never appointed to the position despite being the recommended candidate.
It is alleged that you together with other members of the selection panel violated the prescripts of the recruitment and selection policy in appointing Gugu Duda after the initial interview process. Gugu Duda never even applied for the position in question. It is alleged that you instructed the SABC Human Resources to accept the CV of Gugu Duda notwithstanding the fact that it was submitted after the interviews were concluded.
Notwithstanding that Gugu Duda never applied for the position in question and was never shortlisted,you nevertheless interviewed her. Upon being interviewed, it was established that Gugu Duda ranked the second lowest in the list of interviewed candidates. You proceeded to recommend her for appointment.
It is alleged that you have abused your position as acting chief operating officer in this regard; alternatively you were grossly negligent in executing your obligations in relation to this appointment.
4.Gross misconduct in that:
On 1 February 2012 you transferred Ms Motsweni from the position of general manager: compliance to the position: head: monitoring, compliance and operation services. This is a new position , which you created.You offered her a fixed term contract for the duration of 5 years at R1.5 million.
It is alleged that this position was never advertised either internally or externally, as required by the SABC recruitment and selection policy. It is further alleged that there was no interview process conducted.
5.Abuse of position in that:
It is alleged that during your tenure as acting COO, you unfairly dismissed senior staff members of the SABC for differing in opinion with you.
It is alleged that you directly initiated the dismissal or termination of employment of the following individuals: Bernard Koma, Hosia Jiyane, Sello Thulo, Montlenyane Diphoko, Mapule Mbalathi and Ntswoaki Ramaphosa.
6.Gross misconduct in that:
You unilaterally increased your salary and those of Ms Motsweni, Thobeka Khumalo contrary to the provisions of Part IV of the SABC personnel regulations.
Your actions in this regard constituted unauthorised expenditure in terms of section 1 of the Public Finance Management Act.
