Pre-dismissal hearing to decide fate of Gama
November 2, 2009
By SLINDILE KHANYILE
Siyabonga Gama, the suspended chief executive of Transnet Freight Rail, would now face the charges laid against him by Transnet in a pre-dismissal arbitration process instead of a disciplinary hearing, Themba Langa, who represents Gama, said on Friday.
Langa said former judge John Myburg had been appointed as an arbitrator though the dates had not been set yet.
"Transnet has the discretion to decide which process should be followed in terms of the employment contract," said Langa. "I can't speak for them, but it is clear that the matter needs to be resolved urgently and that must be the reason why they have changed from a disciplinary hearing to pre-dismissal arbitration."
Transnet spokesman John Dludlu said: "The process has not changed. Transnet has always proceeded in terms of the Labour Relations Act, which provides for a pre-dismissal arbitration."
Langa said: "We all want the matter to be resolved speedily and we are ready. We have assembled an A-team of legal brains and we are ready to rumble." Also in Gama's legal team is Vuyani Ngalwana, the former pension funds adjudicator, and Gerrit Pretorius, who is senior counsel.
The pre-dismissal arbitration process is quicker than a disciplinary hearing because the only recourse available is to apply for a review.
Gama has to fight charges relating to allegations of tender irregularities for two contracts. One contract was awarded to General Nyanda Security Advisory Services. In the charge sheet, Transnet said that the procurement process for the award of the contract was irregular.
Transnet said he did not do anything about the irregularities when these (irregularities) were brought to his attention.
The second charge said Gama failed to comply with the terms of the board resolution of April 26, 2007, that approved the acquisition of 50 "like-new" locomotives and which authorised him to conclude, sign and execute the contract.
Langa said the charges were an attempt to block Gama from being appointed as the group chief executive.
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