By Lehlohonolo Lehana.
The Special Tribunal has reserved its judgment in the matter against former SABC chief operations officer (COO) Hlaudi Motsoeneng and the public broadcaster’s former executives.
The SIU and SABC are seeking to recover R2.5 million that Motsoeneng and former executives paid some musicians in royalties in 2016.
The applicants want the decision to award R50 000 to each of the 53 musicians set aside and declared invalid.
Advocate Jabu Motepe, representing the SABC and the SIU, indicated that the applicants are seeking an order for those who opposed the review application to pay their costs.
“I am raising this as an alternative that firstly, the costs will follow the event. If we succeed on everything all the respondents must pay the costs.”
“[However, if the Tribunal] finds that there is no order of repayment can be made against only those who oppose that order, we say this case that it is not us that must pay their costs,” he said.
Asked why the applicants sought the costs order, Motepe said: “They are the ones who took a decision [and] are still trying to defend this decision that indefensible.”
After a long day of hearing arguments on Monday, Judge Lebogang Modiba adjourned the proceedings.
The applicants seek an order for those who opposed the review to pay their costs.
After six hours of arguments, Judge Modiba thanks the parties for assisting the Special Tribunal.
Judgment is reserved.
— Special Tribunal South Africa (@TribunalSpecial) March 14, 2022
“In the previous hearings preceding the review application, the applicants argued for the return of the funds, as they were based on a wrongful decision.Motsoeneng argued at the time that the decision was to empower and [give] a financial boost to the struggling musicians.
“Other respondents argued also that they were not entitled to return the funds, as that decision was taken in the execution of the corporate duties,” the tribunal said.
Motsoeneng has already lost one legal battle against the SIU and the SABC after he was ordered to pay back an R11.5 million “success fee” that was paid to him during his time at the helm of the broadcaster.
The order was made by the Gauteng Local Division of the High Court sitting in Johannesburg in December and the number of musicians paid later increased to 215, costing a total of R10.7 million.