Johannesburg High Court orders three former SABC board members to repay R11.5m tied to Hlaudi Motsoeneng’s unlawful success fee.
The Johannesburg High Court ordered three former SABC board members to repay R11.5 million linked to ex-chief operating officer Hlaudi Motsoeneng’s unlawful “success fee”.
The Special Investigating Unit (SIU) has welcomed the default judgment handed down by Judge Allyson Crutchfield. It compels Mbulaheni Obert Maguvhe, Ndivhoniswani Aaron Tshidzumba and Maleshane Audrey Raphela to pay back R11 508 549.12.
The repayment stems from their unlawful decision to award Motsoeneng a success fee from the public broadcaster.
Ex-SABC board to repay R11.5m with interest
The court directed Maguvhe, Tshidzumba, and Raphela to pay the amount with interest, jointly and severally. The payment must be made from the date they were served with the summons. The former SABC board members are also liable for the SIU’s legal costs.
Previously, Motsoeneng was the only one liable for paying the R11.5 million.
SIU spokesperson Kaizer Kganyago said on Thursday that the ruling holds board members accountable. It compels them to repay the money that came from their unlawful decision, which was at the SABC’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,” Kganyago said.
“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.”
Money belongs to SA public – SIU
The investigating unit said it is committed to following all legal avenues to recover every cent lost by the public broadcaster. It stressed that this money ultimately belongs to the South African public.
“We will now proceed to carry out this latest court order to ensure the recovery of these funds,” Kganyago added.
The SIU will forward any evidence of criminal activity discovered during its investigation to the National Prosecuting Authority (NPA). This will allow the NPA to take additional action in accordance with the Special Investigating Units and Special Tribunals Act 74 of 1996 (SIU Act).
The SIU Act authorises the unit to launch civil action in the High Court or a Special Tribunal in its own name. This action addresses wrongdoing uncovered during its investigations into corruption, fraud, or maladministration.
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