Motsoeneng is ‘abusing the legal process' with latest ConCourt appeal, believes SIU head Mothibi
'We are of the view that Mr Motsoeneng is really abusing the legal process,' said Andy Mothibi, the head of the Special Investigating Unit (SIU), about the latest appeal by Hlaudi Motsoeneng against paying back money he unlawfully gained during his tenure as a chief executive at the South African Broadcasting Corporation (SABC).
The SIU briefed Parliament's Standing Committee on Public Accounts (Scopa) – the public purse watchdog – on its investigations into the SABC and the State Information Technology Agency. Wednesday was the second day of hearings into the affairs of both agencies.
On Wednesday, MPs kept raising issues around Motsoeneng and his court attempts to not pay back a 'success fee' for his role in securing a MultiChoice deal. In August 2016, Motsoeneng was paid R11.5-million by the SABC.
Eventually, the high court would declare this transaction as unlawful and invalid. Motsoeneng was ordered to repay the R11.5-million – plus interest. This brought the total to about R18-million.
Motsoeneng lost an appeal at the Supreme Court to overturn the ruling, as Daily Maverick reported in May 2024.
News24 reported in 2024 that an attempt by Motsoeneng to bring the case to the Constitutional Court was rejected on a jurisdictional basis.
In Parliament on Wednesday, 23 April 2025, the SIU revealed that Motsoeneng has now applied for leave to appeal against the ConCourt decision, which is being opposed by the SABC and the SIU.
According to the SIU, Motsoeneng brought an urgent interdict to stop the SIU and SABC's execution and attachment of his assets. In October 2024, when the SIU's attorneys arrived at court, they found that Motsoeneng's attorneys had not issued and enrolled the urgent stay application.
The SIU also said in its presentation to Parliament that on 13 November 2024, it submitted its input on the draft affidavit in Motsoeneng's second application to the ConCourt.
During Wednesday's briefing, several MPs raised questions around the issue – even questioning how Motsoeneng could be appointed at the public broadcaster.
Ultimately, Mothibi said the SIU was of the view that Motsoeneng was abusing the legal process.
Mothibi said while everyone had the right to legal recourse, 'I am of the view that he is abusing the legal process' by going back to the ConCourt, even after the country's highest court had already ruled against him.
'It baffles me,' said Mothibi.
He told MPs that he hoped the courts issued 'appropriate costs in that regard'.
Daily Maverick tried to contact Motsoeneng – who has now turned to politics, forming his own party called the African Content Movement – for comment, but he did not respond to our communications on Wednesday.
This isn't the first time that Mothibi has told Parliament about frustrations with Motsoeneng. In November 2024, News24 reported that Mothibi expressed his frustrations in Parliament with attempts to have Motsoeneng pay back the money. DM
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Maverick
13 hours ago
- Daily Maverick
Nomusa Dube-Ncube: a journey from KZN premier to deputy minister amid controversy and challenges
From holding MEC positions to becoming the first female premier of KwaZulu-Natal, Nomusa Dube-Ncube is now the new Deputy Minister of Higher Education and Training after Cyril Ramaphosa axed Nobuhle Nkabane and promoted Buti Manamela as Minister of Higher Education. KwaZulu-Natal's first female premier, Nomusa Dube-Ncube, takes over as new Deputy Minister of Higher Education and Training – despite her name appearing on the controversial list of Sector Education and Training Authority (Seta) board chairs that led to the removal of Nobuhle Nkabane as Higher Education and Training Minister. President Cyril Ramaphosa swore in Dube-Ncube as deputy minister and Buti Manamela as minister in Parliament on 22 July. Just a day before Dube-Ncube's appointment was announced on 21 July, her home in the suburb of Kloof in Durban was gutted by a fire. The Sunday World reported that the fire also damaged three cars belonging to her. Her family was unharmed. KZN born and bred Dube-Ncube was born and bred in KwaZulu-Natal (KZN); her political career bloomed in the province, and she holds a doctorate in administration from the University of KwaZulu-Natal. Before achieving her PhD – with a doctoral thesis titled 'Legislative and institutional arrangements for poverty alleviation in iLembe District Municipality in KwaZulu-Natal, South Africa' – Dube-Ncube was actively involved in politics. She served as the mayor of the North Central council before it was merged into the eThekwini Metropolitan Municipality in 2000. She then served as chief whip of the eThekwini council until she was appointed ambassador to the Czech Republic. During her rise through the ranks, she was supported by the ANC Women's League. She was elected to the KZN legislature in May 2009 and appointed by former premier Zweli Mkhize as the MEC for Cooperative Governance and Traditional Affairs (Cogta). During this period, Dube-Ncube was very involved in governance matters; and encouraged councillors in KZN to use every budgeted cent, bearing in mind that accountability was the ultimate goal. Rotating through departments, she was appointed MEC for Economic Development, Tourism and Environmental Affairs in May 2019 by the newly elected premier, Sihle Zikalala. On 17 November 2020, Dube-Ncube was appointed MEC for Finance, replacing Ravi Pillay. Issues with the DA When she was still Cogta MEC, the Democratic Alliance (DA) demanded that Dube-Ncube be suspended, alleging Dube-Ncube awarded Brand Partners a communications tender at the Nkandla municipality in December 2017. The letter issued by the DA's Zwakele Mncwango said the contract was worth more than R7.5-million. In a Timeslive article, it was mentioned that Sibusiso Justin Ncube, her deceased husband, was a director of the Brand Partners and had allegedly raked in millions in contracts and tenders. Dube‑Ncube sued Mncwango for R1.5-million for defamation, over his allegation that the Brand Partners tender constituted 'massive corruption'. Then the EFF wasted no time firing shots at Dube-Ncube when she was appointed as KZN premier following Zikalala's resignation after he lost the contest for provincial ANC chair. The EFF's Vusi Khoza reminded Dube-Ncube that under her leadership as Cogta MEC, municipalities collapsed and traditional leaders went unpaid. He also criticised her stint as economic development MEC, pointing out that youth unemployment remained high. Khoza demanded answers about R250-million in drought-relief funds that went missing under her watch. The Hawks and NPA have been probing the matter since 2019, with Dube-Ncube reportedly under investigation. She has, however, dismissed these allegations. When she was premier, Dube-Ncube faced backlash over a collapsing R2.1-billion programme meant to feed more than 2.4 million learners in KZN. Supply delivery was so poor that it triggered a special inquiry into provider accountability and distribution processes. In 2023, Mail & Guardian reported that former ANC KZN chair Siboniso Duma upstaged Dube-Ncube by lifting the Rugby World Cup trophy during the Springboks' victory tour. After her appointment as premier, Duma frequently appeared on government platforms, subtly reminding everyone that he, not Dube-Ncube, was elected as ANC provincial chair. The ANC Women's League stepped in, criticising Duma and triggering a tense clash with the provincial ANC leadership – a conflict many saw as inevitable. Dube-Ncube appeared unfazed. Dube-Ncube was succeeded as premier by Thami Ntuli of the Inkatha Freedom Party following the 2024 provincial election. The Seta list The controversial Seta board chair appointments included the likes of Gwede Mantashe's son Buyambo and former ANC KZN deputy chairperson Mike Mabuyakhulu. Dube-Ncube was listed as the chair for the banking sector Seta (BankSeta). Former minister Nkabane was pressured to withdraw the appointments after MPs labelled them 'corrupt' and amid a public outcry. Spokesman for the Presidency, Vincent Magwenya, told Newzroom Afrika that Dube-Ncube could not 'be held responsible for being proposed and suggested to be appointed to the Seta board. The fact that she is a member of the ANC does not necessarily disqualify her in terms of her leadership experience and the prerequisite qualifications that are required. She has a long government experience, having served in various provisional executive portfolios and having been the Premier of KwaZulu-Natal, and so the President does have a great deal of confidence in her ability to discharge her duties.' ANC Chief Whip Sedukanelo Louw said the party welcomed Dube's appointment, recognising her as a committed servant of the people. 'It is important for us to refrain from criticising her appointment, as we must acknowledge that she possesses the necessary skills and experience to perform her duties effectively. […] Throughout her career, she has demonstrated a strong commitment to improving the lives of our community members, advocating for their needs, and addressing the challenges they face,' Louw said. DM
The Citizen
14 hours ago
- The Citizen
Limpopo megaproject sued over 'stolen' rocks
Subcontractor removed R12-million worth of white rock from private land Construction vehicles belonging to Tshiamiso Trading 135, photographed while excavating and loading road-building materials from Boetie Visser's old mine dumps. Photo supplied. A subcontractor on the multi-billion-rand Musina Makhado Special Economic Zone (MMSEZ) project removed R12-million worth of white rock, used to build roads, from a private property without permission. The state-owned company behind the MMSEZ is now being sued by the property owner. But MMSEZ has told the owner to collect the rocks at his own expense, before the end of the month. The subcontractor, Tshiamiso Trading, terminated its contract after receiving R50-million. The company has a track record of receiving controversial government contracts. The state-owned company behind the controversial Musina-Makhado Special Economic Zone (MMSEZ) in Limpopo is facing a R12-million lawsuit after a subcontractor removed approximately 35,000 cubic meters of white rock from a private property without permission. The MMSEZ is a multi-billion-rand megaproject launched by President Cyril Ramaphosa in 2018. More than R100-million has been spent on the project, but there are still no roads, electricity or water connections. It has now emerged that a company subcontracted to build roads, Tshiamiso Trading 135, removed R12-million worth of white rock from an old mine dump owned by Boetie Visser Groep Kontrakteurs, without permission. A subsequent investigation by MMSEZ SOC found that the removal of the road material by Tshiamiso is likely unlawful and criminal. But MMSEZ has not followed the investigator's recommendations and has rejected Visser's requests to be paid for the rocks or for the rocks to be returned. Visser has launched a court case in the Polokwane High Court to claim the R12-million he says is owed to him. But earlier this month, MMSEZ told Visser to collect the rocks at his own expense, denying that they were responsible for the removal of the rocks. Tshiamiso, which has a track record of receiving controversial government contracts, has since cancelled its R200-million contract, after receiving R50-million, citing standing time and ongoing court action. The company's director, Hlamani Bruce Mohlaba, insists the rocks were lawfully removed. Adding to the debacle is that part of the area on which this infrastructure is supposed to be built does not belong to the MMSEZ SOC, and the northern site has not been gazetted to allow for such a development. The MMSEZ has, on several occasions, been accused of bulldozing ahead with development plans, while ignoring legal concerns and the fact that no sustainable plans are in place to secure water on the sites. Unlawful mining In 2022, Tshiamiso was awarded a R200-million contract with MMSEZ to build internal roads and stormwater infrastructure at the MMSEZ's northern site at Artonvilla, north of Musina. They received an additional R100-million contract to build stormwater drainage. On 2 August 2023, the MMSEZ obtained a permit from the Department of Mineral Resources (DMR), which allowed Tshiamiso to start mining for white rock to be used for the roads. An old mine dump was fenced off by Tshiamiso, and the company started removing rocks and taking them to the construction site, about 2km away. But it appears the land, in fact, was owned by Boetie Visser, of Boetie Visser Groep Kontrakteurs CC. In January 2024, Visser contacted the MMSEZ, claiming that Tshiamiso was, without permission, removing crushed stone material that belonged to him. Visser sent several letters to the MMSEZ requesting that they halt the excavation, but Tshiamiso continued. Visser sent a proposal to the MMSEZ on 10 January, offering to sell the high-quality stones to the company. During a meeting between Visser and MMSEZ officials on 22 January, the matter was discussed, and a follow-up meeting was planned to reach an amicable resolution. On 25 January 2024, Visser's lawyer, advocate Elandré Bester, issued a memorandum about the unlawful removal of processed material from his old mine dumps. The memo highlighted that Visser is the lawful owner of the old mine dumps and alleged that the conduct of the MMSEZ and Tshiamiso constituted 'fraud, theft, and larceny'. MMSEZ investigates Officials from the MMSEZ's Legal Services and Infrastructure Development units visited the site on 6 February to investigate. They found it was 'highly unlikely' that Tshiamiso was extracting material from within the permitted area and that it was 'clear that the mining dumps… were outside the designated area of the borrow pit permit'. The MMSEZ investigators also met with Visser, who presented documents to prove he was the owner of the property and had his own mining permit for the white rocks. Visser reiterated his willingness to sell the stones, failing which they should be returned. At that stage, an estimated 35,000 cubic metres, at a value of about R12-million, of crushed stone had already been taken by Tshiamiso. It was agreed that the MMSEZ would provide Visser with feedback three days later, by 9 February 2024. The day after the site visit, Mashile Mokono, the MMSEZ's Senior Manager for Legal Services, compiled a report. It concluded that Tshiamiso could be charged for conducting illegal mining and committing a criminal offence, and said that the company should be held liable for damages. The report recommended that the MMSEZ urgently instruct Tshiamiso to cease excavation, enter into negotiations with Visser to purchase the collected material, and produce records of all materials taken. An estimated 35,000 cubic metres of 'white rock' road-building material stockpiled at Tshiamiso Trading's construction site, approximately two kilometres from Mr Boetie Visser's mine dump. Photo supplied Development stalled By 9 February 2024, the MMSEZ had not provided Visser with feedback as promised. This prompted Visser to apply for an urgent interdict in the Polokwane High Court to stop the unlawful removal and ensure the materials were recovered. But on 5 March, the matter was dismissed because of a lack of urgency. Visser is proceeding with the court action against MMSEZ, SLM Engineers (the consulting engineers overseeing the project) and Tshiamiso and wants to be paid R12-million for the materials removed from his land. In May this year, the MMSEZ board chairperson, Dr Nndweleni Mphephu, presented a report to the Limpopo legislature's portfolio committee on economic development. The report revealed that Tshiamiso had terminated its R200-million contract, citing non-payment of standing time and ongoing court action. Tshiamiso had already been paid R50-million by the time of termination. The report also revealed that the land earmarked for the project's northern site did not belong to the MMSEZ. The land belonged to the Department of Rural Development and Land Reform. Additionally, the area designated for the northern site had not yet been gazetted. 'Come and fetch your rocks' Visser has still not received any payment for the materials. 'I have done nothing wrong. They stole my stone, moved it unlawfully, and now I'm left with a bill and legal costs amounting to half a million rand. And I still don't have my stone back,' said Visser. Visser claims that SLM Engineers knew that Tshiamiso had been extracting rocks from the wrong area. In spite of his ongoing court action, Visser, on 15 July this year, received a letter from Tshifhiwa Irish Bologo, acting CEO of the MMSEZ, telling him to collect the rocks at his own expense before the end of the month. 'As you are aware, MMSEZ was not responsible for the removal of the white rock material from your site as that was done by Tshiamiso Trading without any direct or indirect involvement of MMSEZ,' stated Bologo. This left Visser outraged. 'I didn't put it there. They put it there – their contractors. Now I must transport it back at my own expense? … My offer was simple. I said, pay me, and I'll take my stone back. Now they're saying no, take it back at your own cost,' said Visser. In response to a media enquiry, Bologo said 'Visser is currently engaging with MMSEZ on the removal of the white rocks.' Bologo said that 'MMSEZ is not aware of any instructions by SLM to Tshiamiso Trading to collect the white rocks and therefore no action will be taken against SLM.' As for Tshiamiso, Bologo confirmed that the company still holds the R100-million contract for bulk sewer and waste treatment works construction. She confirmed that a new contractor will have to be appointed to complete the internal roads and stormwater infrastructure. In response to questions, Mohlaba, Tshiamiso's director, said: 'The removal of material occurred lawfully. The claims by Mr Visser presently form the subject matter of an application in the high court. A cost order has already been granted against Mr Visser and is in the process of execution. The application is still pending.' SLM Engineering said that part of the matter had been dismissed with costs by the court. 'Thus, in respect of the law, we cannot comment any further at the moment as this matter is before the court,' concluded Sello Matlakal, a director of SLM. (The cost order referred to by Mohlaba and Matlakala relates only to the urgent application that was dismissed for lack of urgency, not Visser's ongoing court case). A controversial contractor Mohlaba is no stranger to controversy. In 2019, Tshiamiso was taken to court by the Greater Tzaneen Municipality, which accused it of 'undue enrichment' after the company was awarded a R26-million contract for the construction of a 5.8km road and stormwater drainage system. Costs escalated rapidly, and construction was halted when Tshiamiso demanded further payments. It emerged in court that Tshiamiso had made errors in its bid calculations, which influenced the procurement process. The court ruled that the municipality's decision to award the tender to Tshiamiso was unlawful and constitutionally invalid from the outset. At the time, Tshiamiso was also entangled in other similar disputes. In 2016, the Makhado Municipality awarded the company contracts for the construction of two roads, where costs escalated and the projects were halted. Tshiamiso is listed as a legal contingency in the municipality's 2022/23 annual financial statements. At the time, the company was suing the municipality for R7.4-million in unpaid standing time, while the municipality lodged a counterclaim for R11.8-million, alleging 'undue enrichment'. The outcomes of these claims remain unknown. During the covid pandemic, Tshiamiso diversified into the medical supply sector. It was one of 42 suppliers contracted by the Limpopo provincial government to deliver masks and infrared thermometers. This article is published in association with the Limpopo Mirror/Zoutpansberger. This article was republished from GroundUp. Read the original here.
IOL News
17 hours ago
- IOL News
SARB missed key opportunities to cut interest rates, says property group
The South African Reserve Bank's potential interest rate cut next week could aligns with global monetary policy trends. Image: SARB/Facebook The South African Reserve Bank (SARB) has definitely missed at least two vital opportunities to cut the interest rate, says Samuel Seeff, the chairman of the Seeff Property Group. He told "Independent Media Property" that the lacklustre economy and the property market need an injection of energy, and no doubt it needs a rate cut, while the Bank has been too overly cautious. 'This is not a time for a 'wait and see' approach; it's time for bold action, and a cut of at least 25bps. "The SARB stance has been particularly disappointing given that the data has been very favourable for lower rates throughout this year, with inflation below or near the bottom of the target range, and the ZAR relatively stable, notably trading below R18, even after Trump's latest tariff comments,' Seeff said. While global markets are dealing with the economic uncertainty triggered by US tariff hikes, South Africa's residential property sector continues to show encouraging signs of resilience. BetterBond's data for July shows that bond applications have risen by 7.4% for the 12 months to May 2025, with home loans granted up by an impressive 13.6%, says Bradd Bendall, BetterBond's National Head of Sales. He said this points to renewed buyer confidence and a more stable market environment. 'Driving this upward trend is the recent easing of interest rates. With inflation recently comfortably within the 3 to 6 percent target range, we expect the South African Reserve Bank to announce another 25 basis point rate cut when the Monetary Policy Committee meets next week,' Bendall said. He said this would drop the prime lending rate to 10.5%- a level last seen in November 2022. 'Although not quite at pre-pandemic levels, this cut would bring welcome relief to homeowners and consumers. On a R2 million bond, for example, the lower prime lending rate would mean a saving of just over R300 a month.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading BetterBond said this potential cut aligns with global monetary policy trends. This was because both the Bank of England and the Reserve Bank of India are expected to reduce rates in August, suggesting a broader shift toward interest rate easing to stimulate economic activity. The US Federal Reserve is also expected to lower rates when it meets on 30 July, and the South African Reserve Bank is likely to follow suit the following day at its rate announcement, the bond originator said. Seeff said its take is that the Reserve Bank needs to be bold and act in the interest of the South African economy. 'The MPC needs to focus on what the SA economy needs, a bold rate cut which can serve as a rocket to push the economy and try and grow the GDP, a critical necessity given the unemployment rate and what is best for everyone in South Africa.' The next SARB's Monetary Policy Committee will announce the July interest rates decision next week. Independent Media Property
