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SABC disagrees with CEO ruling
19/05/2008 14:09 - (SA)
Johannesburg - The SABC board said it disagreed with a Johannesburg High Court ruling on Monday which set aside the suspension of CEO Dali Mpofu and criticised the conduct of the public broadcaster's chairperson.
Judge Moroa Tsoka said the entire matter was handled badly by board chairperson Khanyi Mkonza, saying her behaviour "falls short of a director who should act independently."
But Mkonza issued a statement shortly after the ruling, saying: "While the board acknowledges that Advocate Mpofu has every right to pursue all legal avenues available to him to challenge his suspension, we however remain convinced that our action against him is legitimate and justified.
"We will therefore carefully study the high court judgment and the reasons given by the judge before issuing a comprehensive statement on our planned course of action in response to the judgment," she said.
The judge ruled that Mpofu should be reinstated because "the meeting at which the decision was taken to suspend Mpofu was unlawful" and did not follow the correct legal procedures.
The judge said it appeared that a "deliberate decision" was taken to exclude Mpofu and two other executive directors from the SABC board meeting where his suspension was decided.
He said the exclusion "robbed Mpofu of the right to participate fully" in this meeting.
Outside the court, Mpofu held out an olive branch to the SABC board.
"There is a board meeting that I am attending this afternoon (Monday) ... I will sit down and try and resolve the issues amicably. I hope my hand of friendship will be welcomed," said Mpofu, dressed in a black suit and green tie and flanked by his wife, Mpumi.
Mpofu said this was a "rift that can be healed".
"I think it is clear from the court papers that this is a time where we need leadership. Leadership is not tested in good times, it is tested in times like these.
"I've been fighting injustices for years. This is just another episode," Mpofu told reporters.
He reiterated his statement in court papers that "the entire episode is motivated by ulterior motives". In papers before the court, Mpofu said Minister in the Presidency Essop Pahad orchestrated his suspension.
"I wouldn't make statements like that lightly. I stand by everything I said."
Mpofu added that it was "a sad day" when a court had to criticise "people who abuse their power".
The judge criticised the chain of events leading up to the suspension in the first week of May.
It became clear from court papers that Mpofu's decision to suspend his news chief, Snuki Zikalala, prompted the board to act against the CEO.
Mpofu suspended Zikalala because he said the news chief had leaked the memorandum to the Sunday Times.
The board argued in court that Mpofu did not have the authority to suspend Zikalala and that the latter's suspension was unlawful.
Media reports later suggested that the board had planned to suspend Mpofu and appoint Zikalala in his position, and that this was the real reason why Mpofu suspended Zikalala.
- SAPA
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