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CCMA concludes Motsoeneng’s hearing

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Former SABC COO, Hlaudi Motsoeneng‘s CCMA hearing has been concluded. Motsoeneng is arguing unfair dismissal by the SABC after a controversial live media briefing he gave in 2017.

On Thursday, his lawyers argued that the SABC cannot be allowed to disregard its employee’s right to freedom of speech. They also argued that Motsoeneng’s dismissal was procedural flawed.

Dozens of Hlaudi Motsoeneng’s supporters showed up on Thursday for the last day of the CCMA hearing. The room was filled to capacity with even more people left outside where they had set up a stage in anticipation of an address by Motsoeneng.

Inside, proceedings continued with the SABC getting the first bite at the cherry. Its council Anton Myburgh took Motsoeneng’s arguments and particularly zoned in on his defence of freedom of speech.

“Now we deal with the right to freedom of expression. We submit Mr Motsoeneng’s right to freedom of expression was tempered by the fact that he was a senior employee of the SABC. As a general rule, an employee is not entitled to criticise his employer in public and this is consistent with contractual and policy restrictions Mr Motsoeneng agreed to.”

Myburgh also insisted that Motsoeneng was attacking the then SABC Interim Board, despite his defence that he was attacking the previous board and merely used the present tense because he was not good at English.

“Mr Motsoeneng’s contention is that he is not a specialist in English and he then mixed up his tenses, well that’s inconveniencing Mr Motsoeneng made repeated references to the board it wasn’t a slip of the tongue, he didn’t just do it once. Mr Motsoeneng proved himself articulate in his evidence Mr commissioner were you ever confused by his tenses.”

The two sides presented their closing arguments with Motsoeneng’s team relying heavily on two points. His freedom of speech and procedural unfairness. Advocate Thabani Masuku argued that the SABC’s rules could not be held above the Constitution.

“You don’t protect the public broadcaster by suppressing the right to freedom of expression that’s in conflict with itself, your very job is to advance the right of expression then you suppress it using you employment power that’s wrong)

Motsoeneng’s legal representative, advocate Kgomosoane Mathipa argued the point of procedure, saying that the board had no authority to carry out a disciplinary hearing against Motsoeneng.

“The SABC didn’t apply code and procedure; if it had applied it it would have followed a different procedure. Now this means that we are in a situation where a disciplinary inquiry took place but the code of SABC was not followed.”

Motsoeneng wants to return to his position as  Group Executive for Corporate Affairs. After the hearing he addressed his supporters outside who had been given sandwiches for lunch and stated clearly that he had his eyes set on the ultimate goal of being president of South Africa.

 

 

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