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SCA dismisses with costs Motsoeneng ‘success fee’ application

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The Special Investigating Unit (SIU) has welcomed the Supreme Court of Appeal ruling to dismiss with costs an application by former South African Broadcasting Corporation (SABC) Chief Operating Officer Hlaudi Motsoeneng.

He was appealing the order of the High Court that he repay the R11.5 million “success fee” paid to him by the former SABC Board.

In 2021 the High Court set aside the Board’s decision to pay Motsoeneng after it ruled that the payment was unlawful and invalid. Motsoeneng was ordered to repay the cash with interest.

The application has been dismissed with costs, including those of two counsels, incurred by the SABC in opposing the lapsed appeal.

The matter was whether the failure by Motsoeneng to prosecute his appeal timeously should be condoned and the appeal revived. The matter was heard in the SCA two weeks ago.

SIU spokesperson Kaizer Kganyago says. “The order dated 27 May 2024 also declined to grant condonation to Mr Motsoeneng for the lapsed special leave to appeal. The original order stands and paves the way for the SIU to continue with the processes to recover the R 11.5 million ‘success fee’ plus interest as well as legal fees for clinching the MultiChoice deal, which the High Court had previously ordered Mr Motsoeneng to repay to the SABC.”

Hlaudi Motsoeneng | Former SABC COO fights to protect his reward

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