McBride witness fails to arrive

2009-11-10 14:48

Johannesburg - Dismissed Ekurhuleni metro police chief Robert McBride's case before the Commission for Conciliation, Mediation and Arbitration (CCMA) was postponed on Tuesday until December 2.

"I am having trouble justifying further postponements... but given the circumstances I have little choice," said Commissioner Rob Mudau.

The postponement is due to former Ekurhuleni municipal manager Patrick Flusk's failure to appear as a witness.

Flusk was due to testify before the CCMA on Monday but did not appear.

McBride's counsel Mornay Crouse said Flusk was eventually contacted by SMS but was unable to testify as he was in a training session in the Vaal until next week.

"Therefore we are in a difficult position and have to ask for a postponement," said Crouse.

Disappointed

Ekurhuleni lawyer Kennedy Tsatsawane said he and the municipality were "disappointed" with the postponement. However, he agreed to the postponement but asked that its cost be paid by McBride.

"They have their difficulty which we understand but the issue of costs is clear," said Tsatsawane.

"If one is seeking an indulgence then one has to pay the indulgence."

Mudau agreed to Crouse's request that the issue of costs be reserved until the hearings were concluded.

McBride wants to be reinstated in his job after his dismissal in September last year while on special leave pending the completion of his trial for allegedly being under the influence of alcohol when he crashed his car in Centurion in December 2006.

He was sacked after publicly stepping in to help deal with xenophobic attacks last year.

He is now arguing that his dismissal was unfair and in violation of a collective agreement he had.

Flusk was expected to corroborate this in his evidence.

- SAPA