What Qithi did wrong

CityPress - - Sport - PULE MOKHINE pmokhine@city­press.co.za (see box)

Ad­vo­cate Sicelo Mthethwa has strongly rec­om­mended that Box­ing SA (BSA) fire its sus­pended CEO Mof­fat Qithi with im­me­di­ate ef­fect.

Mthethwa presided over Qithi’s dis­ci­plinary hear­ing that ended at the BSA of­fices in Pre­to­ria on July 8.

The be­lea­guered Qithi was sus­pended by the BSA in 2013 for fail­ing to dis­close his crim­i­nal record when he ap­plied for the R1 mil­lion-a-year job in 2011.

He has al­ready been paid more than R200 000 in bonuses while on sus­pen­sion for the past two years. Qithi re­ceived R101 067.88 for the 2013/14 fi­nan­cial year and R112 811 for the 2014/15 fi­nan­cial year.

Mthethwa, who chaired the pro­ceed­ings, said he had found Qithi guilty on 11 charges.

The charges are clearly laid out in an ex­plo­sive 127-page doc­u­ment, which was leaked to City Press this week.

The first charge is gross dis­hon­esty in that Qithi failed to dis­close his crim­i­nal record be­fore he landed the plum job of CEO of the box­ing gov­ern­ing body.

The charge sheet also found him guilty of bring­ing BSA’s name into dis­re­pute in that he failed to dis­close he had a crim­i­nal record for drunken driv­ing.

Another charge, on which Mthethwa found

Gross dis­hon­esty: Fail­ing to dis­close past crim­i­nal record;

Bring­ing the name of Box­ing SA (BSA) into dis­re­pute;

Con­tra­ven­ing sec­tion 13 of the Box­ing Act of 2001: Fail­ure to sign per­for­mance agree­ment;

Gross in­sub­or­di­na­tion: Re­fusal to sign per­for­mance agree­ment;

Fraud: Mak­ing unau­tho­rised per­sonal use of BSA credit card; Qithi guilty, was that of fraud in that Qithi made unau­tho­rised per­sonal use of a BSA credit card – the mis­use is es­ti­mated at R20 930.

Mthethwa said Qithi used the em­ployer’s credit card fraud­u­lently to sus­tain his lifestyle while in the em­ploy of the BSA.

Mthethwa added that Qithi’s em­ployer – the BSA – fell un­der the aus­pices of the depart­ment of sport, arts, cul­ture and recre­ation.

Ac­cord­ing to Mthethwa’s state­ment, hun­dreds of thou­sands of rands of taxpayers’ money was used to set­tle a defama­tion suit, which was brought against the BSA by box­ing

Gross in­sub­or­di­na­tion: Sign­ing lease agree­ment;

Gross dis­hon­esty: Mis­rep­re­sen­ta­tion re­gard­ing leas­ing of premises;

Gross dis­hon­esty: Re­lat­ing to mis­rep­re­sen­ta­tion;

Gross dis­hon­esty: Re­lat­ing to BSA credit card fraud;

Fi­nan­cial mis­con­duct: Con­tra­ven­ing the Public Fi­nance Man­age­ment Act; and

Gross mis­con­duct: Dere­lic­tion of duty. pro­moter Branco Milenkovic.

In 2013, the South Gaut­eng High Court heard that Qithi’s ap­point­ment by the BSA was “ir­ra­tional and un­con­sti­tu­tional”. This was dur­ing the Milenkovic court case.

Un­der the fi­nan­cial mis­con­duct charge, which is a con­tra­ven­tion of the Public Fi­nance Man­age­ment Act, Qithi was ac­cused of caus­ing the box­ing as­so­ci­a­tion to lose R500 000 as a re­sult of the “wrong­ful and defam­a­tory state­ment made by your­self against Branco Milenkovic” on or about July 2012.

In his re­port on the find­ings of the dis­ci­plinary hear­ing, Mthethwa pointed out that:

Qithi’s con­duct had caused great harm to the BSA;

He be­came a law unto him­self and acted con­trary to the in­struc­tions of the BSA board;

It is “my con­sid­ered view that the prospects for the re­ha­bil­i­ta­tion of Mr Qithi are neg­li­gi­ble”; and

It is ap­par­ent that the em­ploy­ment re­la­tion­ship be­tween Qithi and the BSA had bro­ken down ir­re­triev­ably.

Ac­cord­ing to Mthethwa’s ver­dict on the mat­ter: “For the var­i­ous rea­sons fully set out above, it is rec­om­mended that the ser­vices of the em­ployee, Mr Qithi, with Box­ing SA ought to be ter­mi­nated with im­me­di­ate ef­fect.”

BSA board chair­per­son Ntambi Ravele said its mem­bers would de­lib­er­ate on Mthethwa’s rec­om­men­da­tions this week.

“The BSA is in pos­ses­sion of the re­port. We’ll study it and de­cide on the way for­ward,” she said.

Ravele said they hoped to soon fi­nalise the mat­ter of hir­ing a new CEO.

Qithi could not be reached for com­ment as his cell­phone was “no longer in op­er­a­tion”.

When con­tacted for com­ment, Qithi’s lawyer, who Mthethwa said was named as S Nkonyeni in the hear­ing’s pa­pers, said: “I am not man­dated to talk to the media about my client.”

Nkonyeni also re­fused to pro­vide City Press with Qithi’s new con­tact de­tails.

Qithi iss ap­pointed by Dur­ing an ex­ten­sive grilling Sport and Reecre­ation The South Gaut­eng Highh in court aboout his crim­i­nal record, it Min­is­ter Fikile Mbalula CCourtt hearhrs that Qithi’ss emerges that Qithi was charged and Box­ing SA (BBSA) chief ap­point­m­ment was founnd guilty of dis­hon­esty, in­sub­o­rof­fi­cer. His aap­point‘ir­ra­tionall and dinW Wal­ter na­tion Sisu­lu­and gross Univer­sity neg­li­gen­cein by ment comess two years unc­consti­tu­tion­all’ af­ter the uur­ing the MMthatha, where he worked as rees­ig­na­tion of defama­tion chief op­er­at­ing of­fi­cer. He was BBon­gani caase of also pre­vi­ously con­victed for Khu­malo pro­moter BrBranco be­ing in pos­ses­sion of stolen from the Milenkovic against prop­erty; of drunk driv­ing; and same po­si­tion Qithi and the BSA. oof drink­ing in public

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