from their positions. The Board had acted in line with section 71(3) of the Companies Act which empowered it to remove the Board members. 15.3.2 The Minister also denies that she had at any point pressurised Board members to resign. 15.4 Pressurising the Board to appoint Mr Motsoeneng 15.4.1 The Broadcasting Act empowered the Board to appoint or recommend persons to be appointed as executive members. The Minister states that she had been invited to attend a Board meeting scheduled for 7 July 2014 at which Mr permanent appointment as COO would be discussed. She had Motsoeneng’s declined to attend the Board meeting, but waited at the premises. The SABC’s Minister eventually joined the meeting when deliberations had been concluded, and she was informed of the decision. She requested the Board to provide her with a written recommendation for Mr appointment. She Motsoeneng’s emphasised that the decision was made after full consideration had been given to the facts, and after consultation with Mchunu Attorneys who had been mandated to provide a report on the Public report, which had Protector’s included findings against Mr Motsoeneng. 15.4.2 With regard to concerns about the COO post not having been advertised externally, the Minister indicates that she had considered this as well as the motivation for why he should be appointed. She confirms that she was Board’s satisfied with the explanation that Mr Motsoeneng had done as “a sterling job” acting COO and that it therefore to appoint him permanently “made sense” advertising the “without position”. 15.5 Alleged breaches of law 15.5.1 The Minster raises the issue of process and natural justice with reference to the findings that she acted in conflict with various statutes. The Committee’s Minister found the Interim findings in relation to breaches vague. She Report’s pointed out that she was not afforded sufficient notice of the allegations against her in order for her to assess what aspects of her conduct were in contravention
from their positions. The Board had acted in line with section 71(3) of the Companies Act which empowered it to remove the Board members. 15.3.2 The Minister also denies that she had at any point pressurised Board members to resign. 15.4 Pressurising the Board to appoint Mr Motsoeneng 15.4.1 The Broadcasting Act empowered the Board to appoint or recommend persons to be appointed as executive members. The Minister states that she had been invited to attend a Board meeting scheduled for 7 July 2014 at which Mr Motsoeneng’s permanent appointment as COO would be discussed. She had declined to attend the Board meeting, but waited at the SABC’s premises. The Minister eventually joined the meeting when deliberations had been concluded, and she was informed of the decision. She requested the Board to provide her with a written recommendation for Mr Motsoeneng’s appointment. She emphasised that the decision was made after full consideration had been given to the facts, and after consultation with Mchunu Attorneys who had been mandated to provide a report on the Public Protector’s report, which had included findings against Mr Motsoeneng. 15.4.2 With regard to concerns about the COO post not having been advertised externally, the Minister indicates that she had considered this as well as the Board’s motivation for why he should be appointed. She confirms that she was satisfied with the explanation that Mr Motsoeneng had done “a sterling job” as acting COO and that it therefore “made sense” to appoint him permanently “without advertising the position”. 15.5 Alleged breaches of law 15.5.1 The Minster raises the issue of process and natural justice with reference to the Committee’s findings that she acted in conflict with various statutes. The Minister found the Interim Report’s findings in relation to breaches vague. She pointed out that she was not afforded sufficient notice of the allegations against her in order for her to assess what aspects of her conduct were in contravention
FinalSABC_Report.docx