Public Protector Thuli Madonsela says her office will be taking legal action against the South African Broadcasting Corporation (SABC) board following the appointment of Hlaudi Motsoeneng to a senior executive position.

"The starting point will be to find out what was the process of appointing him. Was that position vacant, what were the requirements before he was appointed to it," she told reporters in Pretoria.

"That position would have been advertised before the previous incumbent was appointed, what were the requirements, what processes were used to determine that Mr Motsoeneng is now fit to be an executive in the SABC and to be fit for that specific position."

During a press conference on Tuesday, it was announced that Motsoeneng would go back to his former job as Group Executive of Corporate Affairs. Madonsela said her office would send an enquiry to the board before making a decision.

"Once we receive the response, we should evaluate it to see if it's adequate, then we can be able to take action. That action will include instructing attorney to take action against the SABC board.

"I did say to the minister of communication that if Mr Motsoeneng is appointed as acting COO or another senior executive position in the SABC, it will be a violation of the spirit of that judgement," said Madonsela.

She said they would be suing the minister and board members, and would ask for costs from them as individuals.