Andy Duffy
TRANSNET sacked an official after accepting unchallenged disciplinary charges brought against him by chair Louise Tager and denying him legal representation.
The hearing refused to let Terrance Naidoo’s lawyers speak, and denied him time for a supreme court review of its decision.
Naidoo, the government’s representative on Transnet’s transformation programme, was dismissed last month for authorising a contract using Tager’s letterhead. He is fighting Transnet and Public Enterprise Minister Stella Sigcau – who appointed him to the position – in the industrial court for unfair labour practice.
Tager said this week the action against Naidoo had followed Trans-net’s normal disciplinary rules.
The charge against Naidoo followed a letter he wrote to Portnet Durban manager Rob Unsworth, using Tager’s notepaper, in which he authorised a contract with black-owned company OfficeNet.
Unsworth has been suspended pending an investigation by Transnet’s internal auditing team into procurement irregularities at Portnet. Office-Net is also being investigated by an outside auditor, at Transnet’s request.
Tager complained to Naidoo’s superior on October 7, saying the use of the letterhead was unauthorised, and mentioning the investigations into Unsworth and Portnet. “It is my view that the strongest disciplinary action against Terrance has to be taken.”
She also sent a complaint to Sigcau, with a press report on OfficeNet. “Fortunately, the journalist had not picked up my `involvement’ in this scandal,” Tager said.
In his court submission, Naidoo says he “routinely … used [Tager’s stationery] … At no stage did she object to my use of her letterheads.”
He says he could not have known that Unsworth and OfficeNet were being investigated.
Tager and executive director Joe Ndhlela confronted Naidoo with the letter on October 9 and scheduled a disciplinary hearing for October 28.
Naidoo’s lawyers, Tshabalala Maserumule, requested more information on the charges before the hearing, which Ndhlela refused. Ndhlela also rejected Naidoo’s request that his lawyers represent him at the hearing, or that an independent person preside.