by Thinus Ferreira
The court has ordered the famously matricless former SABC chief operating officer Hlaudi Motsoeneng to pay back the R11.5 million he received as a so-called MultiChoice "bonus" payout for allegedly securing a controversial SABC TV channels carriage deal with the Randburg-based satellite pay-TV company.
Hlaudi Motsoeneng lost his bid, with costs, to overturn a court ruling from the Johannesburg High Court in December 2021 stating that he must repay the R11.5 million, with annual interest of 15.5%, dating back to 13 September 2016 when the SABC paid him the MultiChoice bonus as a so-called "success fee".
The Special Investigating Unit (SIU) which has been investigating cases relating to the mismanagement of funds at the struggling South African public broadcaster welcomed the latest court ruling, made on Friday, that dismissed Hlaudi Motsoeneng's application for leave to appeal the Johannesburg High Court decision.
"The court action was informed by the SIU investigation into the affairs of the SABC, which revealed that the SABC irregularly paid monies to individuals and entered into contracts to the detriment of the public broadcaster," the SIU said in a new statement about the issue.
"The High Court of South Africa: Gauteng Local Division, Johannesburg on Friday 15 July 2022 ruled that Hlaudi Motsoeneng's leave to appeal is dismissed with costs and has ordered him to repay the SABC R11 508 549.12 paid to him as a success fee with interest, calculated from 13 September 2016 to date of payment."
"In December 2021, the court declared that the 19 August 2016 decision by the then SABC board to pay Hlaudi Motsoeneng a success fee amounting to over R11 5 million for clinching a MultiChoice deal was unlawful and invalid."
"The MultiChoice deal gave the pay television service provider access to the SABC's archives," the SIU said.
Besides the R11.5 million, Hlaudi Motsoeneng is embroiled in more cases of alleged fraudulent money payments. In March this year the Special Tribunal heard the case of the SIU and SABC' review application to try and claw back a payment of R2.5 million which the famously matricless SABC head honcho made to so-called "music legends" in 2016 as "royalty payments" without any approved budget.
Hlaudi Motsoeneng gave 53 "legendary" musicians R50 000 in cash at a time when then SABC was hovering on the brink of insolvency. The SIU and SABC wants the R2.5 million payment to be set aside and declared invalid.
Judgment in this case is reserved by Judge Lebogang Modiba.
