Manuel apologises unreservedly for criticism of judge

Old Mutual chair Trevor Manuel has apologised unreservedly for his criticism of a judgment that reinstated Peter Moyo as CEO at the insurance company.

In a statement released on Tuesday, the former finance minister apologised for the comment he made at a media conference last week that the Old Mutual board ’ s decision to fire Moyo could be “overturned by a single individual who happens to wear a robe ”.

Manuel ’ s comments were made in reference to judge Brian Mashile, who ruled the board ’ s dismissal of Moyo was illegal and ordered his reinstatement.

The controversy risks tainting Manuel, who served as finance minister under four presidents, because his nemesis, the EFF, has attacked judges and questioned their integrity.

“My unguarded observation, although withdrawn, has understandably caused discomfort for which I apologise unreservedly, to the honourable judge presiding and to my fellow South Africans,” Manuel said in the statement.

Moyo and Old Mutual have been involved in a public battle since the insurer fired him in June, citing a breakdown in trust and alleged conflict of interest.

At the centre of the boardroom drama is the payment of ordinary dividends by NMT Capital, which Moyo co-founded, while Old Mutual ’ s preferential dividends and preferential capital were still outstanding.

Moyo has sued for unfair dismissal. The high court in Johannesburg ruled in his favour and twice ordered his reinstatement. But Old Mutual barred Moyo from resuming his duties as it is appealing and has issued a second dismissal letter.

The brawl has weighed on Old Mutual ’ s share price, damaged its image and left it in leadership limbo because Mashile ’ s ruling in July prevents one of SA ’ s biggest financial services houses from recruiting a new CEO until the appeal is heard.

The judiciary has come under increasing criticism, especially by those who have had adverse findings against them. Julius Malema and the EFF have been the most vocal about their disdain for certain judges and the judgments they have made, especially in matters concerning public protector Busisiwe Mkhwebane.

Manuel himself has been in the crosshairs of the EFF, which alleged he had overseen a nepotistic and corrupt process to appoint new SA Revenue Service commissioner Edward Kieswetter. Manuel sued the EFF and in May was awarded R500,000 in damages, one of the biggest awards in an SA court. The EFF is appealing against that judgment in the Supreme Court of Appeal.

Manuel said in the statement that he never intended to “show disrespect to the learned judge or his judgment ”.

“I accept that my language was wholly inappropriate to express my disagreement with the decision and sincerely regret the manner in which I did so.

“My respect for the judiciary is unshaken and rooted in our sound legal process, where all

voices are heard with remedies available to address differences of legal position.”

Manuel said he supported the Old Mutual board ’ s appeal against Mashile ’ s judgment. “I remain fully committed to the integrity of the judiciary and to the constitutional value of the independence of our judiciary.”

Further attacks on the judiciary were recently made by nameless and faceless sources on social media, who published a list of judges alleged to have been paid by President Cyril Ramaphosa ’ s 2017 ANC presidential campaign.

The judges on the list were those who had made findings against the public protector, the EFF and former president Jacob Zuma. This prompted chief justiceMogoeng Mogoeng to hold a briefing last week to address the disparaging comments against judges and the attacks on social media. He called on those with evidence of any wrongdoing by judges to come forward.

This is not the first time the judiciary has come under attack, especially during times of political turmoil. The judiciary was the last line of defence during Zuma ’ s term in office, which has been described as the state capture years. It is also likely to be the final arbiter during the cleanup of the state, and the fightback has already started.