Johannesburg: Former SABC board members, Mbulaheni Obert Maguvhe, Ndivhoniswani Aaron Tshidzumba, and Maleshane Audrey Raphela have been ordered by the Gauteng High Court in Johannesburg to repay approximately R11.5 million related to an unlawful ‘success fee’ paid to former SABC Chief Operating Officer (COO) Hlaudi Motsoeneng in 2016.
According to South African Government News Agency, the Special Investigating Unit (SIU), which pursued the matter, expressed satisfaction with the court’s decision. The order, issued by Judge Crutchfield, mandates the three former board members to pay the specified amount, with interest from the date of service of summons, jointly and severally. They are also responsible for covering the SIU’s legal costs. Previously, only Mr. Motsoeneng was held accountable for the R11.5 million. This recent ruling extends liability to the board members for their role in the unlawful decision, which was detrimental to the public broadcaster.
The SIU emphasized the significance of the order as part of a broader litigation related to the ‘success fee’. The fee, paid by the SABC Board in August 2016, was linked to Mr. Motsoeneng’s involvement in securing the MultiChoice deal, a decision later invalidated by the High Court. The SIU is determined to exhaust all legal measures to recover funds lost by the SABC and, by extension, the South African public. Following the court order, the SIU plans to proceed with the recovery process.
In accordance with the Special Investigating Units and Special Tribunals Act 74 of 1996 (SIU Act), the SIU will refer any evidence of criminal conduct uncovered during its investigation to the National Prosecuting Authority for further action.