Deputy Chief Justice Raymond Zondo said it’s clear that the board’s decision to reinstate Siyabonga Gama, backpay him and even pay his legal costs was irrational.
A screenshot of former Transnet board chair Mafika Mkhwanazi at the state capture commission on Friday 16 October 2020. Picture: SABC Digital News/Youtube
JOHANNESBURG – Former Transnet board chair Mafika Mkhwanazi was grilled by the state capture commission on Friday until he admitted that he sabotaged legal processes to ensure that Siyabonga Gama returned as CEO.
The commission said the board did everything it could to reinstate Gama, who had admitted guilt for serious misconduct.
“We needed a different set of eyes,” said Mkwhanazi.
If his reasons for reinstating Gama are anything to go by, then Transnet was dealt a blow by its own corporate governance and nominations committee. But the commission helped him to make sense of his actions
Mkhwanazi was asked if he’d been instructed by someone above the ministry to reinstate Gama.
Deputy Chief Justice Raymond Zondo added: “… therefore, winning the case at the arbitration would defeat the whole object of Mr Gama being reinstated as you had been instructed according to by Mr Mapoma. You had to settle otherwise you were going to win the case and Mr Gama won’t come back – what do you say?”
“Your logic chair is logical,” replied Mkhwanazi.
Zondo said it’s clear that the board’s decision to reinstate Gama, backpay him and even pay his legal costs was irrational.
Mkhwanazi will be back again on Monday.