High Court orders former SABC Board Members to pay R11.5 million for their unlawful decision to grant former COO Hlaudi Motsoeneng a success fee
The Special Investigating Unit (SIU) welcomes a default judgment handed down by the High Court of South Africa, Gauteng Division, Johannesburg, which orders three former SABC board members to pay back R11 508 549.12 tied to their unlawful decision to pay Hlaudi Motsoeneng, the former SABC chief operating officer, a success fee he received from the public broadcaster.
The order, granted by the Honourable Judge Crutchfield, compels Mr Mbulaheni Obert Maguvhe, Mr Ndivhoniswani Aaron Tshidzumba, and Ms Maleshane Audrey Raphela to pay the amount, together with interest from the date of service of summons, jointly and severally. The former SABC board members are also liable for the SIU's legal costs. Previously, Mr Motsoeneng was the only one liable for paying the R11.5 million. This ruling now holds board members accountable for also repaying the money that resulted from their unlawful decision, which was at the public broadcaster's expense.
This ruling is a crucial enforcement action stemming from the broader litigation concerning the unlawful R11.5 million "success fee" paid to Motsoeneng. The then SABC Board paid the fee in August 2016 for his role in securing the MultiChoice deal, a decision subsequently declared unlawful and invalid by the High Court.
The SIU is committed to following all legal avenues to recover every cent lost by the SABC and ultimately, the South African public. We will now proceed to carry out this latest court order to ensure the recovery of these funds.
In line with the Special Investigating Units and Special Tribunals Act 74 of 1996 (SIU Act), the SIU will refer any evidence of criminal conduct uncovered during its investigation to the National Prosecuting Authority (NPA) for further action.
Protecting the public interest and assets through prevention measures and systemic investigations to eradicate fraud, maladministration, and corruption.
Under the SIU Act, the SIU is also authorised to initiate a civil action in the High Court or a Special Tribunal in its name to address any wrongdoing identified during its investigation resulting from acts of corruption, fraud, or maladministration.
Enquiries:
Mr Kaizer Kganyago
Spokesperson: Special Investigating Unit
Cell: 082 306 8888
E-mail: kkganyago@siu.org.za
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