Transnet: Gama to face Transnet after court setbac

[Steve Appleton]

From Business Day, October 8th
http://www.businessday.co.za/articles/C ... x?id=83415

Gama to face Transnet after court setback

ARTWELL DLAMINI
Published: 2009/10/08 06:22:25 AM

TRANSNET said yesterday it would continue disciplinary action against its freight rail division CEO, Siyabonga Gama, after he lost his court bid to stop the action and quash his suspension. Judge Brian Spilg dismissed the case on the grounds that there was insufficient evidence to prove acting CEO Chris Wells had tainted the process that led to disciplinary action against Gama.

Gama now has to face up to the allegations of irregularities relating to a security tender and contract to buy 50 “like-new” locomotives. The court ruling places Gama in a difficult position. He now has to face up to his accusers while containing the fallout from his high-profile battle for the Transnet CEO post, for which he was not short-listed. The ruling also contradicts comments from Cabinet ministers Jeff Radebe and Siphiwe Nyanda, who implied Gama was a victim when they publicly supported him. Radebe described the accusations against Gama as a “miscarriage of justice”, while Nyanda said “powerful interests” were trying to stop Gama from taking over as the Transnet CEO.

After the judgment, Gama said he felt “comfortable” that the court had allayed his fears in connection with the circumstances that led to the disciplinary process and suspension. He said he was prepared to clear his name through the disciplinary processes and “prove my innocence”. Themba Langa, Gama’s lawyer, said they would study the judgment. Transnet spokesman John Dludlu said the internal disciplinary hearing against Gama would take its course with an independent chairman.

[Judge] Spilg said he found insufficient evidence that Wells had conspired to oust Gama. Gama had claimed that Wells, in delegating the power to Transnet group human resources executive Pradeep Maharaj to institute the disciplinary action, had conspired to prevent him from becoming Transnet CEO. The judge said Maharaj’s decision to institute the disciplinary action and suspend Gama was not influenced by Wells, and there was no “perceived bias” against Gama. Spilg said the Transnet board had endorsed the decision to suspend Gama. Maria Ramos, the former Transnet group CEO, had passed the details of a forensic investigation relating to Gama on to the board.