The Western Cape High Court has dismissed the South African Broadcasting Corporation's (SABC’s) appeal against a December ruling that Hlaudi Motsoeneng’s appointment as Group Executive of Corporate Affairs at the public broadcaster was unlawful.

Last week, Judge Owen Rogers and Judge Andre le Grange heard the broadcaster’s application for leave to appeal.

Advocate Stephan du Toit SC, acting for the SABC, argued that last year’s judgement “set a very important precedent” as it essentially allowed outsiders “to interfere in the employment policies of organs of state”.

Du Toit said this needed to be addressed by the Supreme Court of Appeals.

He argued that Motsoeneng’s appointment “constituted an internal arrangement”, and not an exercise of public power.

But, on Tuesday the application for leave to appeal was dismissed.

In December last year, the Western Cape High Court ordered Motsoeneng’s immediate suspension and said he may not hold any position at the public broadcaster unless the public protector’s report was set aside or fresh disciplinary hearings exonerated him from wrongdoing.

Former Public Protector Thuli Madonsela’s 2014 report found that Motsoeneng had been dishonest and had misrepresented his matric qualifications, had irregularly increased his own salary, purged the broadcaster of senior staff and abused his powers.

Last year’s December judgement also ordered that Motsoeneng face new disciplinary hearings as the proceedings initiated against him in October 2015 were “inconsistent with the Constitution”.

The Democratic Alliance’s chairperson of the Federal Executive, James Selfe, has welcomed the judgement: “This is a victory for the rule of law and a positive step towards restoring the integrity and independence of the SABC”.

Describing Motsoeneng’s influence at the SABC as “toxic”, Selfe said it was “high time that the SABC cease with its frivolous litigation at the expense of the South African taxpayer and focus on fixing the SABC, and correcting the damage that Mr Motsoeneng caused during his reign of terror”.