Former SABC COO Hlaudi Motsoeneng cannot use the right to freedom of expression to justify the remarks he made at a controversial press conference in 2017. That was the view of Anton Myburgh SC‚ counsel for the public broadcaster‚ who was presenting closing arguments on Thursday at the Commission for Conciliation‚ Mediation and Arbitration (CCMA) in Johannesburg‚ where Motsoeneng is challenging his dismissal from the SABC. "Mr Motsoeneng’s right to freedom of expression is limited. He was not a member of the public. He was a senior employee of the SABC. His right [to freedom of expression] must yield to the rights of others not to be defamed‚" argued Myburgh. He also said Motsoeneng was bound by contractual stipulations and could not rely on freedom of expression as a defence for making defamatory remarks.

Motsoeneng was fired by the public broadcaster in June 2017. His dismissal followed a finding by a disciplinary committee‚ chaired by Nazeer Cassim SC‚ that he was guilty of...

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