Judge delays Gama ruling to next week

[Steve Appleton]

Published by Business Day, October 1st, 2009:
http://www.businessday.co.za/Articles/C ... x?id=82770

Judge delays Gama ruling to next week
ARTWELL DLAMINI
Published: 2009/10/01 07:07:37 AM

TRANSNET executive Siyabonga Gama will know next week the outcome of his high court bid to stop disciplinary proceedings against him and for his suspension to be lifted.

Judge Brian Spilg, of the South Gauteng High Court in Johannesburg, was due to deliver judgment on the case yesterday, but did not do so because he wanted to see Gama’s employment contract first. He will rule on Wednesday. Spilg said he wanted to see the documents because he did not want to decide the case on the basis of the administrative law arguments that had been made, and so leave open a possible separate claim based on the contract. Counsel for both parties made it clear that their arguments were not based on Gama’s employment contract.

Transnet and its board objected to sending a copy of the employment contract to the judge because the feeling was that Spilg was not obliged to see the contract.

The case was based on the constitution and administrative justice, and was not based on the employment contract, Gama’s lawyer, Themba Langa, told Business Day yesterday. He also said Gama had no separate claim based on this contract.

Having cleared that, Spilg said yesterday he would hand down the ruling next week.

Transnet suspended Gama on September 1 pending the outcome of an internal disciplinary process, which was instituted in August. He faces allegations of irregularities over a security tender he authorised to a company allegedly linked to Communications Minister Siphiwe Nyanda, and a contract related to the purchase of 50 refurbished locomotives.

Gama, the CEO of Transnet Freight Rail, launched an urgent application challenging the disciplinary action and claimed the process that led to the action was “tainted” and “biased”. He also wanted his suspension lifted. Through his legal counsel, Paul Kennedy, Gama told the court last Friday that there was a “reasonable perception of bias” as the acting group CEO, Chris Wells, had “tainted” the whole process that had led to the disciplinary action and suspension.

But Transnet and its board said on Friday the board had taken the decision to institute disciplinary action against Gama and to suspend him.