Sunday Times

Transnet boss digs in heels against firing

Gama defies board bid to sack him over financial irregulari­ties

- By ZINGISA MVUMVU

● Transnet CEO Siyabonga Gama is refusing to step down from the logistics utility, arguing that the company’s board has no authority to remove him.

Instead, Gama has come out strongly against the Transnet board’s plan to fire him, giving them until the end of business hours on Tuesday to drop the idea.

This is the latest chapter in a tit-for-tat battle between Gama and the board following damaging findings against him over tender irregulari­ties at Transnet involving billions of rands.

In a letter sent on Friday to Transnet chair Popo Molefe, President Cyril Ramaphosa and public enterprise­s minister Pravin Gordhan, Gama — through lawyers — is arguing that the board is jumping the gun by asking him to explain why he should not be fired when they had not responded to his representa­tions filed in August in response to a notice of suspension.

“The terminatio­n letter does not make any reference to the letter of suspension [or] our client’s response to the letter of suspension referred to above. The terminatio­n letter constitute­s a repudiatio­n of the letter of suspension,” reads the letter.

Gama was responding to the Transnet board letter sent to him last week in which he was asked to provide reasons why he should not be fired.

The Transnet board wants Gama removed from the utility after several investigat­ive reports fingered him over alleged irregulari­ties which saw the cost of procuring 1,064 locomotive­s ballooning from R38.6bn to more than R49bn.

The bid to remove Gama stems from an investigat­ion by law firms Werksmans and MNS Attorneys, as well as the National Treasury, of the purchase of the locomotive­s from General Electric, Bombardier Transport, China South Rail and China North Rail.

The board also wants Gama to repay about R151m in overpaymen­ts to Guptalinke­d consultanc­y firm Regiments Capital.

But Gama is digging in his heels, saying the board has no power to remove him and only the cabinet can do so, through Gordhan, in terms of his employment contract.

“Our client made it clear that should the relevant authority make a decision to suspend him, he will declare a dispute in terms of his employment contract. The relevant authority is the appointing authority responsibl­e for appointing CEs of organs of state or SOCs [state-owned companies].”

Gama also said, through his lawyers, that he intended to hold individual board members personally liable for potential legal costs as their action against him was not legally sound.

“Our instructio­n is to demand as we hereby do that the board withdraw the letter of terminatio­n within 48 hours after receipt of this letter, failing which our client will approach a court of law on an urgent basis and ask for costs of an attorney and client scale from each board member personally as the fiscus cannot be mulcted with costs relating to a matter where the legal position is trite.”

Gama claims he called for the investigat­ion into the procuremen­t of the locomotive­s and has been co-operating with investigat­ors since.

“Our client was not involved with the negotiatio­ns and/or adjudicati­on of the 1,064 locomotive­s and as such he could not have prevented an award or non-award of the tender,” his lawyers told Molefe.

Molefe had not responded to repeated requests for comment at the time of going to print.

Gama’s lawyers also declined to speak publicly about the matter.

But, speaking for himself, Gama said Molefe and the board were out to tarnish his “good name”.

“It is therefore my view that the board has sought to wrongly characteri­se me in order for them to create a negative, albeit an incorrect, narrative about me, besmirchin­g my good name.

“I want to assure Transnet employees that all that is being said about me goes against what they know about me and therefore cannot be correct. Many of them have called me expressing their unwavering support. Your trust in me is not misplaced. On the correct platform I shall ensure that I protect my reputation and my name with everything that I have.”

 ??  ?? Siyabonga Gama
Siyabonga Gama

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