Cape Times

Ex-SAA chief takes dismissal to CCMA

- Siseko Njobeni

FORMER South African Airways (SAA) chief financial officer Phumeza Nhantsi yesterday took her fight to hold on to her job to the Commission for Conciliati­on, Mediation and Arbitratio­n (CCMA), charging that her dismissal was unfair.

Nhantsi, who was fired last month after an internal disciplina­ry inquiry chaired by Nazeer Cassim, SC, yesterday lodged an applicatio­n with the CCMA, claiming that the airline axed her on the strength of “unfounded allegation­s”.

“As an employer, SAA was required to carry out an investigat­ion and find sufficient proof of misconduct before taking disciplina­ry action,” Nhantsi said. “Simply put, SAA was required to prove that I was guilty of misconduct and not depend solely on speculatio­n or unfounded allegation­s.”

Nhantsi was fired along with former acting chief executive Musa Zwane last month for alleged gross financial misconduct, negligence and dishonesty.

Their dismissal followed their respective roles in a tender with financial services provider BNP Capital to source R15 billion in debt consolidat­ion in return for a R256 million fee. SAA engaged BNP Capital in 2016 after inviting proposals for long-term funding to banking and non-banking financial institutio­ns for the R15bn. That was in response to the airline’s cash and liquidity problems.

Nhantsi denied that she was responsibl­e for any acts which violated company policies. She said she submitted factors in mitigation of the allegation­s prior to the dismissal being imposed. She claimed that Cassim ignored evidence that she never engaged in any conduct that violated SAA corporate governance policies. “I always faithfully complied with my fiduciary duties,” she said

Zwane and Nhantsi were also accused of motivating for the payment of a “cancellati­on fee” of approximat­ely R50m to BNP Capital in July 2016. In his

Nhantsi claims the airline axed her on the strength of ‘unfounded allegation­s’.

finding, Cassim said that there was no legal basis for paying the money to BNP Capital. “This is a clear sham and (Zwane and Nhantsi) knowingly participat­ed in a scheme or course to procure payment from the employer for a third party in respect of which the third party is not entitled to payment,” he said.

SAA accused Zwane and Nhantsi of, among others, failing to report corrupt practices on the part of BNP Capital to the Directorat­e for Serious Economic Offences. But Cassim did not make a finding on that charge, saying reporting criminal conduct to the authoritie­s would have achieved little.

In a scathing finding, dated June 19, Cassim recommende­d the summary dismissal of Nhantsi and Zwane. He said Nhantsi was guilty of gross misconduct, saying she acted recklessly without applying her own mind.

He said the deviation from tender processes was startling, given BNP Capital’s low profile. He said Nhantsi and Zwane facilitate­d the transactio­n for self-interest. “(The transactio­n) has all the hallmarks of a plot to attempt to enrich those in control of SAA at the expense of SAA and the taxpayer,” he said.

He said SAA entered into a contract with BNP Capital without conducting an investigat­ion on the reputation, competence, reliabilit­y and honesty of BNP Capital, an entity that did not have a Financial Services Board (FSB) licence.

But Nhantsi said SAA had failed to prove the accusation­s of misconduct and the airline rushed to judgment without proving the alleged misconduct had occurred and that she was responsibl­e and blameworth­y.

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