SIU welcomes SCA judgment on Hlaudi Motsoeneng's R11.5m 'success fee'

The Special Investigating Unit (SIU) on Tuesday welcomed the ruling by the Supreme Court of Appeal (SCA) which dismissed with costs a bid by former SABC COO Hlaudi Motsoeneng to appeal a court order that declared the R11.5m “success fee” paid to him was unlawful and invalid. 

The SCA, in a judgment on Monday, declined to grant condonation to Motsoeneng for the lapsed special leave to appeal.

The SCA said in its judgment the question before it was whether the default by Motsoeneng in his failure to timeously file heads of argument, and therefore making the appeal lapse, should be condoned and the appeal revived.    

The SIU said the decision of the SCA meant the Johannesburg high court order stood and this paved the way for the SIU to continue with the processes to recover the R11.5m “success fee” to which Motsoeneng was allegedly not entitled to, plus interest and legal fees.

Motsoeneng was paid this amount ostensibly on the basis that he had raised R1.19bn for the benefit of the SABC. 

“In February 2018, the SIU and the SABC jointly issued summons against Motsoeneng in the [Johannesburg] high court to recover the success fee,” SIU spokesperson Kaizer Kganyago said in a statement.

"In December 2021, the high court reviewed and set aside the former board’s decision and found that the decision was unlawful and invalid and ordered that he repay the R11.5m with interest.”

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