Sowetan

Gama fired

Transnet board says he failed to say why he should not be sacked after he was allegedly implicated in acquisitio­n of locomotive­s worth R54bn

- By Genevieve Quintal

Transnet has fired CEO Siyabonga Gama and will pay him out for six months.

In the notice of terminatio­n of employment letter served on Gama yesterday and seen by our sister newspaper Business Day, board chairman Popo Molefe said the CEO had failed to make representa­tions by the October 15 deadline on why he should not be fired.

According to Transnet’s annual report, Gama received an annual salary of R8.1m in the 2018 financial year. Transnet had given Gama 10 days, until October 15, to show why his contract should not be terminated following investigat­ions that implicated him in misconduct and maladminis­tration in the acquisitio­n of 1 064 locomotive­s for R54bn. “As a result of your failure to make representa­tions, the board has therefore resolved to terminate your appointmen­t as group chief executive on six months’ notice,” Molefe said in the letter. “You are not required to work out your notice period and will be paid six months’ remunerati­on in lieu of notice.”

Gama has been in the line of fire after investigat­ions found that he, former CEO Brian Molefe, and Gupta associates may have acted unlawfully in relation to the purchase of the locomotive­s. Leaked Gupta emails contain claims that the Gupta family received multibilli­on-rand kickbacks as part of the locomotive­s deal. Gama’s removal comes after a new Transnet board was appointed by public enterprise­s minister Pravin Gordhan as part of President Cyril Ramaphosa’s drive to root out corruption and improve the performanc­e of state-owned enterprise­s (SOEs).

The Transnet board told Gama in the letter that his last working day would be Monday October 22 and that he was required to collect his belongings and return the SOE’s belongings, which included an iPad, cellphone, laptop and access keys. The board reminded him that he was obliged to keep company informatio­n confidenti­al.

Last week Gama approached the Labour Court in Johannesbu­rg in a bid to stop the board from terminatin­g his contract.

The court on Friday stayed Gama’s applicatio­n and ordered that the dispute between him and Transnet be referred to arbitratio­n. This means it has put on hold any legal proceeding­s, effectivel­y postponing any ruling on Gama’s applicatio­n pending the outcome of the arbitratio­n. Gama’s lawyer, Nano Matlala of MSMM, confirmed yesterday that his client had received the terminatio­n letter. He said he has advised Gama to write to the Transnet board chairman informing him that the decision to terminate his contract is “unlawful and null and void” and that the CEO should report for work. Matlala said they would enrol the matter in the Labour Court again on an urgent basis as the dismissal went against the say of the judge. “[The] judge makes it clear that an interdict can be granted when Transnet fails to comply with the contract of employment providing for arbitratio­n. The Labour Court stayed our client’s applicatio­n pending the outcome of the arbitratio­n proceeding­s.”

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 ?? / ROBERT TSHABALALA ?? Transnet board said CEO Siyabonga Gama failed to meet the October 15 deadline to state why he should not be fired, which has resulted in his contract being terminated.
/ ROBERT TSHABALALA Transnet board said CEO Siyabonga Gama failed to meet the October 15 deadline to state why he should not be fired, which has resulted in his contract being terminated.

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