http://www.businessday.co.za/articles/C ... x?id=82169
Transnet waits for ruling in Gama case
ARTWELL DLAMINI
Published: 2009/09/23 06:21:27 AM
THE South Gauteng High Court yesterday postponed until Friday the application by Transnet Freight Rail CEO Siyabonga Gama for Transnet’s disciplinary hearing against him to be set aside. The postponement was at Gama’s request, to allow his lawyer time to file a replying affidavit, which he should do today. Judge Brian Spilg adjourned the case to Friday, when final arguments will be made. The ruling could be delivered next week.
Transnet’s disciplinary hearing would not proceed until the judgment is given. It is unclear whether this would delay the process of finding a new group CEO for Transnet.
Gama, who is suspended, has challenged the disciplinary proceedings, which involve the security tender to a company allegedly linked to Communications Minister Siphiwe Nyanda and a contract pertaining to the purchase of 50 refurbished locomotives.
In his founding affidavit, Gama said the Transnet board had “not lawfully, properly or fairly authorised the suspension of or taking disciplinary proceedings†against him. In a replying affidavit, the board said acting CEO Chris Wells and group human resources executive Pradeep Maharaj had exercised powers that had been “properly delegated to them†when suspending Gama. It also said there was “no factual basis for the allegations of bad faith or ulterior motives†on the part of any respondent. “We are now waiting for the matter to be argued on Friday,†Transnet spokesman John Dludlu said.
Themba Langa, Gama’s lawyer, said the proceedings yesterday went well. He said the disciplinary action was intended to thwart Gama’s chances of becoming group CEO.
