Motsoeneng bets on new SCA ruling to resurrect ConCourt application

Former SABC boss says he earned the RI8m

- By Bongani Mdakane and Tshwarelo eseng Mogakane

Former SABC chief operating officer Hlaudi Motsoeneng believes he has found a legal loophole to get a fair hearing at the Constitutional Court following a string of defeats at lower courts, including the Supreme Court of Appeal (SCA) in Bloemfontein, Free State.

This week, Motsoeneng filed an application asking the apex court to allow him to place another affidavit before it, arguing that a dramatic shift in how the SCA interprets reconsideration applications has fundamentally altered the legal landscape in his long-running battle with the South African Broadcasting Corporation (SABC) and the Special Investigating Unit (SIU).

Motsoeneng's affidavit refers to a 4 Seasons Logistics CC v Kgotse judgment delivered on February 4, which he argues marks a decisive break from earlier SCA authority by holding that the requirement for “exceptional circumstances” in reconsideration applications under section 17(2) (f) of the Superior Courts Act is not a jurisdictional fact to be determined by the reconsideration court itself, but a discretion that primarily lies with the president of the SCA.