Minister files papers opposing Motsoeneng challenge
Communications Minister Faith Muthambi has filed papers opposing the DA's challenge to the appointment of SABC chief operations officer Hlaudi Motsoeneng, but would not reveal her grounds for opposing the bid to have the appointment reviewed, saying the matter was sub judice. 'There are processes and you must respect that they are sub judice.
It is unfair to me to ask that.' A report in The Citizen says Muthambi also dismissed calls from the media to make public the findings of Mchunu Attorneys, the law firm the SABC board briefed to advise it on the Public Protector's damning findings against Motsoeneng. She said she had not directly relied on its opinion when she decided to confirm his appointment. 'The SABC appointed a legal firm to assist them to deal with the matters raised by the Public Protector... that legal opinion cleared Mr Motsoeneng of any wrongdoing to that effect. I indicated that my confirmation of the appointment of Mr Motsoeneng was based on what the SABC brought to me, the recommendations.' The law firm's apparent attempt to distance itself from the matter, Muthambi said, should therefore simply be read as an attempt to make clear that it did not brief her, the Minister added.
Full report in The Citizen
Muthambi insisted Madonsela's report was not the last word on the matter and could be challenged, notes a report in The Times. 'We have a responsibility to respect Chapter 9 institutions. Whatever has been done (Motsoeneng's permanent appointment) was not in disregard of the Public Protector's opinion,' she is quoted as saying.
Full report in The Times
DA MP James Selfe confirmed Muthambi had indicated to the party's lawyers that she would oppose the application with five other respondents out of the eight listed in the DA's application, notes a Business Day report. 'Only the Speaker of the National Assembly and the Office of the Public Protector have not yet responded,' Selfe said. Among the respondents listed were Motsoeneng himself, the SABC board and its chair Zandile Tshabalala, Parliament's Communications Committee, and President Jacob Zuma. The DA lodged its application on Tuesday last week.
Full Business Day report (subscription needed)
Meanwhile, outside the legal action, simmering anger in the ANC over Muthambi's action is not being translated into plans to challenge he decision. This is evident from a Financial Mail report quoting ANC spokesperson Zizi Kodwa. It also transpires - according to Cabinet Minister Lindiwe Zulu, who is also head of the ANC's communications sub committee - that Muthambi has not attended the required party meetings to discuss what policy direction her Ministry would be following. The report adds that Ministers who tried to raise questions about the appointment at a Cabinet meeting this month were, according to government officials, told the matter wasn't up for discussion. Asked how an ANC Minister, especially a new, junior Minister in her post only a few months, could make an appointment that was clearly irregular and might easily be reversed by the court challenge, Kodwa reportedly told the Financial Mail: 'Only Minister Muthambi can answer that.' The FM says the situation has raised questions about shifting factions in the ANC and whether President Jacob Zuma instructed Muthambi to appoint Motsoeneng. Unnamed ANC MPs reportedly told the FM that the Minister wouldn't have made such a decision so soon after becoming a Minister without Zuma's approval.
Full Financial Mail report