Charges in disciplinary hearing against SABC COO Hlaudi Motsoeneng suddenly reduced to just 3; Hlaudi pleads not guilty as media is shut out of hearing.

The SABC's disciplinary hearing against its chief operating officer (COO) Hlaudi Motsoeneng has turned into yet another public broadcaster farce with the charges leveled against its highly controversial and famously matricless boss suddenly deleted from the charge sheet from 6 to just 3, to which Hlaudi Motsoeneng pleaded not guilty - while the media got shut out of the proceedings.

The SABC's contentious and bizarre disciplinary hearing of Hlaudi Motsoeneng that suddenly resumed this week after it was "terminated" and "cancelled" last week is losing credibility, transparency and integrity.

It comes as the disciplinary process now suddenly has to be completed by this coming Saturday according to a High Court order (which said it must be done within 60 days), which is not really leaving enough time for due process to be followed.

Already the disciplinary hearing chairperson changed twice: First advocate William Mokhari who abruptly disbanded the disciplinary hearing last week on Thursday saying it would serve no purpose other than being an "academic" exercise - only for the hearing to be re-established and starting again this week with a new chairperson, Willem Johannes (EJ) Edeling.

Already the disciplinary hearing changed prosecutors three times: First labour lawyer Sandile July who was fired after alleged irregularities with the appointment, then Mponyana Ledwaba who abruptly left last week, and now Tumisho Phalane as the 3rd prosecutor to work on the disciplinary hearing.

Tumisho Phalane told the hearing and chairperson on Monday that he doesn't have enough to prepare. Chairperson EJ Edeling said the case must proceed because the process needs to conclude by Saturday at the latest.

On Tuesday the chairperson barred the media from attending the proceedings.

The SABC is also suddenly just going ahead with 3 of the original list of charges against Hlaudi Motsoeneng with no indication of why not more charges are being made from the litany of alleged transgressions contained in the Public Protector's scathing report about Hlaudi Motsoeneng that was made public in February 2014.

The SABC's disciplinary hearing against Hlaudi Motsoeneng has now been dramatically reduced, instead of being expanded, to just allegations of gross dishonesty, gross misconduct and abuse of power.

Among the charges dropped and suddenly gone and deleted from the latest charge sheet include the extensive report from the Public Protector of how Hlaudi Motsoeneng was directly involved in allegedly increasing his ballooning salary several times per year.

Ar R3,784 million per year, Hlaudi Motsoeneng now earns more than president Jacob Zuma.

Hlaudi Motsoeneng pleaded not guilty to all three of the remaining charges in his disciplinary hearing.

On Tuesday Jabulani Mabaso, head of human resources was the first to testify against Hlaudi Motsoeneng.

Lorraine Francois, an executive auditor was the second to testify against Hlaudi Motsoeneng.

Hlaudi Motsoeneng's disciplinary hearing was supposed to start on 30 October but was abruptly postponed to 1 December.

It was then again postponed to 2 December. It ran for only 2 and 3 December after being "cancelled".

It was then reconvened for an unknown reason and set to start on 7 December. On 7 December is was again postponed to 8 December which became the first real day of the disciplinary hearing.

It now raises serious concerns as to whether a judicious and proper disciplinary hearing can take place given the little time left before Saturday when the period of 60 days - as ordered by the High Court - is reached.

While the SABC had a whole two months to start and conclude proceedings in a disciplinary hearing against Hlaudi Motsoeneng, the public broadcaster pushed it to the very brink, making it likely very difficult to thoroughly have witnesses and others give testimony, for more additional and the original other 3 charges to be brought, and for due process and due diligence to be followed.

All of these things are casting a shadow of Hlaudi Motsoeneng's disciplinary hearing which is continuing today with 2 further witnesses expected to be called.

SABC abruptly cancels disciplinary hearing of its controversial COO Hlaudi Motsoeneng with no outcome; SABC 'hell-bent on reducing disciplinary to a sham'.

The SABC on Thursday abruptly cancelled the twice postponed disciplinary hearing of its controversial and famously matricless chief operating officer (COO) Hlaudi Motsoeneng.

The SABC has given no reason as to why the disciplinary hearing was terminated, nor what will be happening with Hlaudi Motsoeneng who has not been suspended but went on a "voluntary leave of absence".

The unstable public broadcaster that continues to lurch from crisis to crisis is not just without a COO but also a CEO - it's CEO Frans Matlala was abruptly suspended in mid-November just five months after he was appointed.

The disciplinary hearing which finally got underway on 2 December in Sandton was abruptly cancelled a day later with the chairperson of the disciplinary hearing, advocate William Mokhari saying to proceed with a disciplinary hearing would be merely "academic".

The disciplinary hearing was supposed to start at the end of October but was then suddenly postponed to 1 December. The SABC also suddenly got rid of labour lawyer Sandile July as the lead prosecutor in the hearing, replaced by Mpoyana Ledwaba as the SABC's pro-forma prosecutor.

The disciplinary hearing was then again postponed to 2 December and suddenly ended yesterday after two days with no outcome and no indication of where it leaves Hlaudi Motsoeneng who was never actually suspended by the SABC but who went on leave.

William Mokhari said the Western Cape High Court's judgement this past Friday that set aside Hlaudi Motsoeneng's appointment as permanent COO of the SABC became a material intervening factor in proceeding with a disciplinary hearing.

Besides the Western Cape High Court Case, Hlaudi Motsoeneng is also embroiled in another court case. In that case, the Supreme Court of Appeal in October dismissed Hlaudi Motsoeneng's appeal against another high court judgment.

That court judgment from the Supreme Court of Appeal underscored the previous court judgment that the SABC, in line with the findings of the Public Protector's report in February 2014, must start disciplinary proceedings against Hlaudi Motsoeneng.

The Public Protector in February 2014 in a scathing report entitled When Governance and Ethics Fail, implicated Hlaudi Motsoeneng in maladministration and abuse of power at the South African Broadcasting Corporation.

The Public Protector found that Hlaudi Motsoeneng lied about having matric and made up symbols for a certificate he knew he couldn't produce, said that he "should never have been appointed at the SABC".

Hlaudi Motsoeneng was implicated as having been involved in getting rid of everyone who testified against him in an earlier disciplinary hearing at the SABC, and his salary increased from R1.5 million to R2.4 million at the SABC in one year.

"It is not clear to me why these two parallel processes [the high court case and the disciplinary hearing] were allowed to continue together given that the conclusion of one of them first could effectively extinguish the other," said William Mukhari after terminating the disciplinary hearing.

"As far as the disciplinary inquiry is concerned, I appreciate the predicament the SABC was confronted with because it was a court order which obliged the broadcaster to convene on pain of contempt of court if it failed to do so," said William Mukhari.

William Mukhari told SABC News that the SABC "will always be at liberty to decide at an appropriate time whether to proceed with the disciplinary inquiry".

After the abrupt termination of Hlaudi Motsoeneng's disciplinary hearing, his lawyer Zola Majavu said "we are in limbo as the SABC has not pronounced where he stands. If the employer decides not to discipline him, they must decide where he stands so that we can look at his labour rights".

Zola Majavu told the SABC that "there would be nothing illegal about him reporting [back] for duty at the SABC on Friday because he went on voluntary leave, he was not on suspension."

"In any event the basis of the voluntary leave was to allow the disciplinary hearing to proceed. It has now been terminated not by himself, not by the SABC but by the presiding chairman."

In a statement the Democratic Alliance (DA) political party said it will now proceed with contempt proceedings against the SABC.

"It is utterly preposterous to suggest, as the SABC now does, that two separate judgments, both requiring serious and immediate sanction of Hlaudi Motsoeneng, cancel one another out, having the result that he should return to work as COO."

"The suggestion is so absurd and baseless in law that it confirms that the SABC is hell-bent on ensuring that this disciplinary process is reduced to a sham," says the DA.

"The vexatious endeavour to shield Hlaudi Motsoeneng from accountability at all costs is the gold standard of contempt and disdain for due process by a state entity."

BREAKING. SABC charges its controversial and matricless boss Hlaudi Motsoeneng with faking qualifications, abuse of power, dishonesty, abuse of position.

The SABC's controversial and famously matricless chief operating officer (COO) Hlaudi Motsoeneng stands accused of extreme dishonest in faking qualifications, extreme dishonesty in misleading the SABC, abuse of power as COO, abuse of position as acting COO, gross misconduct, as well as abuse of position as acting COO of allegedly firing senior staff members who had a different opinion than him.

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.