The SABC’s advocate Antone Myburgh told disciplinary inquiry chair Nazeem Cassim SC that Motsoeneng had brought the public broadcaster into disrepute.
“There has been actionable misconduct in terms of the media policy and he deliberately caused negative reporting of the SABC in the media.”
Motsoeneng’s charges of bringing the SABC into disrepute follow his press briefing on 19 April, when he lashed out at the newly appointed SABC board.
“He was grossly insubordinate… The hallmark of gross insubordination is conduct that inexcusably undermines the authority of management, – that’s precisely what he did,” said Myburgh.
He said Motsoeneng should have accepted the consequences of setting himself on a collision course with management.
Motsoeneng is also in hot waters over his utterances at the same media briefing, where he accused Justice André Le Grange of biases and being compromised during the “SABC Eight” labour dispute.
Myburgh said Motsoeneng’s accusations that Le Grange’s wife was working for the legal team that represented the eight staff members and was therefore impartial, was in itself grounds for dismissal.
“Mr Chairman, you have practised labour law for a very long time. I would be very surprised if you have ever come across an employee that has committed more serious misconduct when viewed in context of a senior man at the SABC.”
He said Motsoeneng engaged in mudslinging with the employer.
“He told the public that they [the SABC board] are an unemployable and a useless bunch… these are his principals, this is a board of directors. This is extraordinary misconduct.”
Myburgh said Motsoeneng trashed the ad-hoc committee by saying that it had contributed to the mess at the public broadcaster.
“He doesn’t stop there… he then weighs in and is contentious with the justice of the labour court… it’s quite unbelievable.”
He said as a lawyer, comments made by Motsoeneng left him cold, suggesting that his statements against the judge alone were grounds for dismissal.
“He lays into the judge… All we need to know is just explain how you can escape dismissal if you say this about a judge of the labour courts? Not only is he guilty of misconduct, but it is very serious misconduct.”
Advocate Andy Bester for Motsoeneng said they would be approaching the labour courts to collapse the hearings.
During the hearing, Motsoeneng was often seen smiling when comments he made during his press briefing regarding SABC board member Krish Naidoo were read.
Motsoeneng could not be drawn on any questions put to him by journalists after the proceedings adjourned.
The matter was postponed to Wednesday.
– News24 Wire