Ferial Haffajee
The SABC board chair, Professor Paulus Zulu, may have acted unilaterally in sacking deputy chief executive Govin Reddy. Some board members sought a negotiated parting of the ways instead of the immediate termination of employment which Zulu penned in his July letter to Reddy.
His action has exposed the SABC to a very public and damaging legal dispute worth millions. Mediation has failed twice and a compulsory arbitration will probably take place next month. If that fails, the case will go to the Labour Court, and to the high court in a separate claim for damages.
Zulu claimed this week that he had “unanimous” board support for his action and advised individual board members against speaking to the Mail & Guardian.
Reddy’s lawyer, Pam Stein, said: “It’s not going to be a pleasant arbitration. We’re going to give evidence on a number of things that could be extremely damaging.” Board members may be subpoenaed to give evidence, while a central defence will be that Zulu failed to give Reddy a hearing.
The Labour Relations Act provides that every employee, no matter how junior or senior, is entitled to a hearing before dismissal. This has been standard practice at the SABC, where even the former head of Channel Africa, Lebona Mosia, charged with using his company credit card at a Netherlands brothel, was suspended on full pay and then given a hearing before he was dismissed.
The immediate termination meant that Reddy lost his salary, was not allowed to clear his office and had the pin number on his cell-phone and his access card to the SABC complex invalidated.
Zulu would not comment. He claimed that the case was sub judice, although this rule only applies to lawsuits which are already in court.
Stein said she is seeking reinstatement for her client. If that fails, they will demand that Reddy be paid compensation and damages for the unlawful cancellation of his contract, which still had two years and three months to run. The claim could run into millions of rands.
“Given what’s at stake for both parties, it would have been more appropriate to wrap up an agreement,” said Stein, adding: “It appears that [some members] of the board sought to resolve the matter amicably.”
The M&G approached every SABC board member for comment. Most did not deny that the board had sought a negotiated settlement, although two concurred with Zulu’s action. Most invoked board policy which states that only Zulu can speak to the press.
Reddy’s dismissal came as a surprise because he had negotiated a new position with Zulu following the fracas over the June appointment as chief executive of Reverend Hawu Mbatha over him. In two meetings lasting three hours each it was decided that he would become the chief executive of broadcasting strategy.
But a week later he was hauled before the board where angry exchanges saw the saga reach an ugly end.