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Motsoeneng case heads to the Constitutional Court

Johannesburg - The South African Broadcasting Corporation (SABC) chief operating officer Hlaudi Motsoeneng wants to challenge his suspension in the Constitutional Court, the public broadcaster announced on Friday.

"The SABC has instructed its lawyers to lodge an urgent appeal with the Constitutional Court in regards to the judgement laid down by the Supreme Court of Appeal (SCA) [on Thursday]," SABC spokesperson Kaizer Kgangayo said in a statement.

The SCA had dismissed Motsoeneng's appeal against a Western Cape High Court ruling that ordered in October 2014 Motsoeneng be suspended until a disciplinary hearing against him had been finalised.

The SCA also considered the authority of the public protector's office, a matter on which the Western Cape High Court had made findings. High Court judge Ashton Schippers had said the public protector's findings were not binding or enforceable, but a definite ruling on the matter was needed.

In a report released in February 2014, public protector Thuli Madonsela found "pathological corporate governance deficiencies at the SABC".

She found Motsoeneng's appointment as acting chief operating officer, along with his salary hike from R1.5m to R2.4m in one fiscal year, irregular. He had also fraudulently misrepresented to the SABC that he had a matric qualification.

Madonsela recommended disciplinary steps be taken against him, but instead the SABC appointed lawyers to investigate the veracity of Madonsela's findings. The internal inquiry exonerated him.

On July 7 2014, the SABC and communications minister permanently appointed Motsoeneng as the corporation's chief operating officer.

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