FF Plus to submit a complaint with the Companies and Intellectual Property Commission (CIPC) about infringement of company law with regards to Hlaudi Motsoeneng appointment

Adv Anton Alberts

The FF Plus will, with regards to the Hlaudi Motsoeneng controversy, submit a historical complaint to the Companies and Intellectual Property Commission (CIPC), which, according to Companies Act, has the power to investigate any wrongdoing in a company.

According to Adv. Anton Alberts, the FF Plus’ parliamentary spokesperson Trade and Industry, the commission will be asked to investigate possible irregularities of Faith Muthambi, the minister of Communications, the SABC Board and its chief operating officer (COO), Hlaudi Motsoeneng.

“As far as we know it is the first time that the commission will be investigating a public enterprise. The commission furthermore has a lot more bite than the Public Protector (PP) and has the power to issue a non-compliance notice and act in terms of the requirements of the Companies Act.

“The complaint relates to the findings of the PP who determined that the SABC Board had acted irregularly with the appointment of Motsoeneng as acting COO, that Motsoeneng himself had committed fraud with his application pertaining to his qualifications and that he had acted highly irregularly in his position as COO.

“In terms of the Companies Act, a chief operating officer with Motsoeneng’s powers is also viewed to be a director and he has to meet the fiduciary requirements expected of a director.

“On the basis of this, the commission should therefore determine whether he had met his obligations in this regard with the irregular increase of his own salary and the irregularities with the firing of personnel.

“If the minister, the Board and Motsoeneng do not adhere to the non-compliance notice, it would constitute a crime and they can be criminally prosecuted.

“The FF Plus wants to approach a statutory body with real power and who is capable of forcing the relevant parties to give effect to the Constitution’s requirements.

“The FF Plus will also ask the commission to refer any possible criminal acts to the National Prosecuting Authority for further investigation and prosecution,” Adv. Alberts said.

Adv. Alberts, who is a member of the Parliament’s portfolio committee of Trade and Industry which has oversight over the commission, said that he would see to it that a proper investigation is undertaken and renders a result.


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