George Hlaudi Motsoeneng v South African Broadcasting Corporation SOC Ltd and Others

George Hlaudi Motsoeneng, former Chief Operating Officer of the SABC, received a ‘success fee’ of R11,508,549.12 in September 2016, approved by the SABC’s Governance and Nominations Committee. Following his dismissal in June 2017, the SABC sought to prevent payment of his pension benefits pending recovery of the allegedly unlawful success fee. The High Court granted an interim interdict and later reviewed and set aside the decision to award the success fee, ordering repayment and authorising deduction from his pension benefits. Motsoeneng’s applications for leave to appeal were dismissed by the High Court and by two judges of the SCA. He then applied under s 17(2)(f) of the Superior Courts Act for reconsideration by the President of the SCA. The appeal subsequently lapsed due to late filing of heads of argument, necessitating an application for condonation.

The application for condonation was dismissed with costs, including the costs of two counsel. Motsoeneng was ordered to pay the respondents’ costs incurred in opposing the lapsed appeal.

The case reaffirms the strict and exceptional nature of s 17(2)(f) of the Superior Courts Act and underscores the principle of finality in appellate proceedings. It confirms that the provision is not a further appeal mechanism but a narrow safeguard against potential injustice in truly exceptional cases.