FORMER SABC COO, Hlaudi Motsoeneng has lost his appeal bid to avoid paying R11.5 million paid to him as success fee for MultiChoice deal.
The Supreme Court of Appeal (SCA) dismissed with costs his application on 19 January.
The grounds for the dismissal was that there was no reasonable prospect of success in an appeal and there was no other compelling reason why an appeal should be heard.
Motsoeneng took the matter on appeal after he was not happy with the South Gauteng High Court order declaring the decision of the then SABC board to pay him R11.5 million as unlawful and invalid.
The Special Investigating Unit (SIU) said in a statement on Wednesday, 25 January that the order paves way for the crime-busting unit to recover the financial losses suffered by the SABC, because of unlawful and invalid decisions.
"The SIU was, in terms of Proclamation R29 of 2017, directed by President Cyril Ramaphosa to investigate allegations of corruption, maladministration, malpractice and payments made by the SABC together with the conducts of its employees, and recover financial losses suffered," the SIU said.
The decision to pay Motsoeneng a success fee for clinching the controversial MultiChoice deal was taken in August 2016.
In February 2018, the SIU and the SABC jointly issued summons against him to recover the millions.
The court in December 2021 reviewed and set aside the board’s decision because due processes were not followed.
It ordered Motsoeneng to repay R11 508 549 12 within seven days of the order, with interest at the rate of 15,5 percent per annum calculated from 13 September 2016 to date of payment.
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Should Motsoeneng fail to pay within seven days, the high court ordered the SABC Pension Fund to pay the amount to the SABC or all the pension proceeds where the pension proceeds do not amount to R11,508,549.12.
"In line with SIU Act 74 of 1996, the SIU is authorised to institute civil proceedings, and refer evidence pointing to criminal conduct to National Prosecuting Authority (NPA) for prosecution," the unit said.
