SABC music legends payout came through 'back door'

The controversial decision taken by the SABC operations committee to pay 53 music legends R50,000 each was allegedly brought through the back door at the end of an impromptu meeting called by then COO Hlaudi Motsoeneng.

This claim was brought in a hearing in the Special Tribunal by two retired SABC executives, Bessie Tugwana and Simon Tebele.

Tugwana and Tebele held positions of group executive for corporate service and group executive for news and current affairs respectively at the time.

Tebele’s submissions, through his lawyer Adv Xolisa Hilita, was that the meeting of July 26 2016 was an impromptu one called at the last minute by Motsoeneng, who chaired it, and which had no agenda, and that the decision to pay musicians was discussed as an “off-the-record” matter at the end of the meeting.

Hilita said the issue of the legends was discussed “very briefly” at the meeting, which did not have meeting packs and there was nothing put to vote at the meeting.

“The issue of the music legends was not part of the agenda and the minutes of that meeting actually show that the discussion was off the record and was no longer part of that meeting,” Hilita stated.

Tebele and Tugwana have been cited as part of 10 former executives who were in the public broadcaster’s operations committee in the Special Investigating Unit (SIU) and SABC’s bid to set aside the controversial decision and recover R2.5m paid to the music legends in 2016.

They have denied having participated in making the decision after which the 53 music legends, among them Blondie Makhene, Abigail Kubeka, Marah Louw  and the late Steve Kekana, got R50,000 payments in 2016 and 2017.

Hilita argued that there was no case against Tebele as he had also been led to believe the funds had been raised elsewhere.

He said the authorisation of the payments was as a result of a business case that Tebele was never party to and had been approved, requested and supported by former group CEO James Aguma, Motsoeneng and former CFO Audrey Raphela.

Tugwana and Tebele have also distanced themselves from a business case signed by Aguma that was used to support the payments.

Nomsa Philiso, another former executive cited in the matter, yesterday refused to comment on why she decided not to oppose the application.

Raphela has also distanced herself from the decision, saying it had been put before her by Aguma and Motsoeneng shortly upon her arrival and she believed that it had been agreed to before the meeting.

Five executives who opposed the application all raised the issue of prescription of the debt in three years as they stated that the SABC had been aware in September 2017 that the decision to pay the music legends was irregular but had waited until January 2021 before instituting legal steps to recover the money.

Tugwana and Tebele said they had no idea that a meeting of the operations committee they attended in July 2016 was  now deemed to have approved the controversial decision.

Adv Steven Budlender, representing Tugwana, argued that his client’s understanding had been that the decision, which had already been announced on national television with the involvement of the then-minister of communications, had already been approved by the executive committee.

“We plea that Ms Tugwana's understanding was that the decision had been taken and had been announced live on TV by the minister, the COO and the CEO in the presence of the board,” stated Budlender.

Adv Gidoen Mamabolo, who represented Raphela, said when Raphela became part of the executive, the matter had been handled prior her arrival.

He said Raphela had signed off what was presented by Aguma and Motsoeneng and that “her support itself does not amount to a decision, whether that decision is wrong or right”.

Adv Nikita Nyathi, representing Motsoeneng, said the board had been informed of the decision to pay the legends and endorsed it.

Nyathi argued that the decision to pay the legends was free of any ulterior motive or corruption and was taken in good faith to honour the musicians, whose music the SABC had used without paying royalties.

Motsoeneng is also adamant that he raised the money via MultiChoice, and that it was not SABC money.

She argued that executives had applied their minds before making the payments, including the creation of guidelines and setting up criteria to be used to determine who qualified to be a legend.

Lawyer Daniel Mantsha, who represented Aguma, argued that there was no legal precedence that allowed the money to be recovered from respondents, even if the court could review the decision, as recovering the money from them wouldn’t be just and equitable remedy.

Judge Lebogang Modiba reserved judgment.