Former Transnet board member determined to fight until the end

BELEAGUERED former Transnet board member Seth Radebe now awaits the court date as he takes his legal battle to the Constitutional Court, following a ruling that his dismissal from the parastatal by Public Enterprises Minister Pravin Gordhan was valid.

Radebe’s fierce fight against his removal comes as Gordhan accelerates his plans to clean up state-owned enterprises and rid them of years of sustained corruption.

This week, the Pretoria High Court dismissed Radebe’s application, which sought to set aside Gordhan’s decision to remove him from the Transnet board.

Radebe was appointed by former public enterprises minister Lynne Brown in December last year, along with Arlana Kinley, a non-executive director and member of the audit committee. Gordhan removed Radebe due to the fact that “he was unhappy that there was no action taken effectively against Transnet CEO Siyabonga Gama”.

Radebe’s lawyer, Eric Mabuza, told Independent Media that he would approach the Concourt on behalf of his client to challenge the ruling by Judge Hans Fabricius.

“Mr Radebe totally disagrees with the judgment of Judge Fabricius. He feels it is completely and clearly wrong and is based on an erroneous interpretation of the Constitution, especially principles dealing with legality and discrimination,” said Mabuza.

Radebe was removed on May 14, while Kinley survived the axing.

Radebe claimed that the decision to remove him was racially motivated as Kinley is white.

Mabuza said the court had erred in judging his client’s case and did not take into account the impact the alleged “racism” had on Radebe.

“Discrimination must be tested subjectively from the point of view of what impact it had on the victim. Mr Radebe has given us firm instructions to appeal against the judgment as he believes that a higher court will come to a different conclusion altogether.

“The appeal will be lodged directly to the Constitutional Court due to the importance of the issues and the need for finality,” said Mabuza.

He said they would only know by next week when the matter would be heard in the apex court.

Radebe is not the only one fighting for his position: the future of Transnet’s embattled chief executive Siyabonga Gama hangs in the balance as Gordhan is set to decide on his fate.

Public enterprises spokesperson Adrian Lackay said Gordhan had not been informed of the intention by Radebe to take the matter on appeal, but the minister welcomed the judgment.