by Thinus Ferreira
On Monday the Johannesburg High Court ruled that nine former executives at the South African public broadcaster, as well as its controversial and fired former COO Hlaudi Motsoeneng are not liable for an unauthorised R2.5 million that the SABC paid to musicians in 2016.
In 2016 Hlaudi Motsoeneng suddenly decided that the SABC will pay 180 random musicians R50 000 each - R9 million in total although the SABC, like now, struggled to pay basic bills and production companies for content.
Besides the R9 million cash gift, Hlaudi Motsoeneng announced that the SABC would start a music TV channel and would also do a programme about poems to showcase the work of poets - neither of which ever materialised as he kept running the SABC into the ground and further into financial disaster.
In 2021 the SABC suddenly decided that it wanted to recover the millions the broadcaster paid to the musicians from the executives and Hlaudi Motsoeneng who signed off on the irregular payments, although the SABC knew since 2017 that the payments were not properly authorised.
The court on Monday dismissed a second bid brought by the SABC and the Special Investigating Unit (SIU) to try and recoup the money.
The Johannesburg High Court, in a majority decision penned by Judge Stuart Wilson ruled that ordering the money to be repaid now wouldn't be just and equitable since the SABC's claim on the money paid, had lapsed.
Hlaudi Motsoeneng was the first respondent in the case.
Other respondents in the case included the SABC's former acting chief financial officer Audrey Raphela, the SABC's former group executive for sports Solly Motsweni, the SABC's former group executive for radio Leslie Ntloko, the SABC's former group executive for television Nomsa Philiso who is now MultiChoice CEO for general entertainment, the SABC's former group executive for news and current affairs Simon Tebele, the SABC's former executive of corporate affairs Bessie Tugwana and the SABC's former CEO James Aguma.
