KZN board members reinstated

2009-06-23 21:03

Durban - Four members of the KwaZulu-Natal Conservation Board suspended in September last year have been reinstated by the Durban High Court.

They are the chairperson Mbuyiselwa Patrick Sokhela, Appolonaris Philani Shagase, Thulane Goodlord Nkosi and Obed Shabangu.

The four were suspended by Mtholephi Mthimkhulu, who was MEC for agriculture and environmental affairs at the time.

According to a court file made available on Tuesday, Judge Malcolm Wallis ruled last week that the four were not given a fair opportunity to reply to accusations against them.

Their suspension was sparked by criticism in a departmental forensic report on their external interests vis-a-vis the board and Ezemvelo Wildlife.

External interests

The board members contended their suspension was subject to obligations of procedural fairness and the MEC had not complied with them, making their suspension invalid.

Opposing the suspensions, Sokhela and Shabangu reported to the MEC that their external interests related to entities that did not work for Ezemvelo KwaZulu Wildlife. Ezemvelo is accountable to the conservation board.

Nkosi had interests in nine companies which did not do business with Ezemvelo or the board, with a possible exception that he was a nominee of the board as a director of a section 21 (non profit) company.

Shangase was engaged in a consultancy and a legal firm which did work for Ezemvelo and he said that his activities in these entities were disclosed.

MEC did not refute submissions

Wallis said these responses went some way to answering criticism levelled at board members in the forensic report.

At no stage, did Mthimkhulu or his staff respond to them, neither did the MEC or his staff refute their submissions.

If the MEC was of a mind to reject their explanations, he should at least have informed them and given them the opportunity to allay his doubts, the judge said.

They were not given an opportunity before the suspension.

Mthimkhulu said a meeting gave the four an opportunity to state their case but in Wallis' opinion it did not.

The mere fact some things were said that had a bearing on the suspension did not make it an appropriate opportunity to make representations, Wallis said.
 

- SAPA