Call for Nzimande to step in over Acsa chief’s reappointment

Airports Company SA (Acsa) group legal counsel Bonginkosi Mfusi has demanded that Transport Minister Blade Nzimande order the immediate suspension of talks between the acting chairman and CEO.

The talks between acting chairman Deon Botha and CEO Bongani Maseko are about the executive’s possible reappointment. Mfusi wants the discussions to be placed on ice, pending the conclusion of a high court action against Acsa and the clearing of forensic findings against Maseko.

Mfusi is the applicant in a high court motion to compel Nzimande and Acsa and its board to provide reasons for not taking disciplinary steps against the CEO.

The disciplinary action, including Maseko’s suspension until the outcome of a hearing, was recommended by professional firm Dr VS Mncube Consulting and confirmed by Norton Rose Fulbright Attorneys.

The recommendation was adopted by the board on February 3 2017, but no action has yet been taken against Maseko.

The charges against Maseko relate to alleged irregularities in Acsa’s supply chain management. Mncube Consulting said if the charges were left unattended, it could expose Acsa to reputational damage and litigation.

It also found that Maseko had unduly interfered with the forensic investigation, which led the firm to suspect that he intended to stop the investigation into instances of alleged misconduct.

Mfusi’s latest effort comes after the resignation in April of two Acsa directors, Siyakhula Simelane and Steven Mabela, over what they called governance issues at Acsa and political overreach by the minister.

They resigned days after Nzimande announced during a radio interview that he had appointed Botha as acting chairman and had him stop a special board meeting at which the suspension of Maseko would have been discussed.

The radio interview was the first Simelane and Mabela had heard of Botha’s appointment.

Their resignations rendered the board ineffectual, because it is required by its own statutes to have three nonexecutives.

Mfusi notes that Maseko’s term as CEO expires later in May, but that Botha has been discussing Maseko’s possible reappointment as CEO.

Mfusi argues that the possible reappointment of Maseko would be in contradiction of Acsa’s memorandum of incorporation. The appointment of a CEO at Acsa requires the consent of the executive authority as shareholder representative, which is Nzimande in this instance.

Mfusi has given Nzimande until May 11 to confirm that he will not reappoint Maseko, failing which he will seek an urgent interdict against the minister.

The Department of Transport had not responded to questions at the time of writing.

THEY RESIGNED DAYS AFTER NZIMANDE ANNOUNCED HE HAD APPOINTED BOTHA AS ACTING CHAIRMAN