Zikalala returns as Mpofu fights on
SUSPENDED SABC news chief Snuki Zikalala is back in his job, after his suspension was lifted yesterday evening, despite a continuing investigation against him.
And today, SABC group CEO Dali Mpofu will seek a final court order to the effect that his suspension is illegal and should be overturned.
Neither of the SABC’s spokesmen were available for comment yesterday, and SABC chairwoman Kanyi Mkonza did not answer her phone. No media statement was released concerning Zikalala, although SABC News reported the story and Zikalala confirmed it.
However, Zikalala is only expected to return to work in a fortnight’s time because he is on special leave at the moment.
Zikalala was suspended by Mpofu just hours before Mpofu himself was suspended for the first time on May 7. He now seeks to have his third suspension lifted.
Mpofu argues that the SABC board had an “improper motive” in suspending him, because the broadcaster wanted to reinstate Zikalala without having to consult him. According to Mpofu’s court papers, Mkonza and board deputy chairwoman Christine Qunta have a personal vendetta against him.
Zikalala is on special leave for two weeks, pending the outcome of an investigation into the allegations of misconduct which apparently prompted his suspension. Nerine Kahn, for the Commission for Conciliation, Mediation and Arbitration, said the SABC board was still legally bound by the actions of its CEO, Mpofu, so the commission had to investigate whether the allegations had any merit.
Mpofu will argue in the Johannesburg High Court today that his suspension was illegal as the SABC board had acted outside its authority. The SABC is opposing the application.
The case resumes after being postponed for two weeks as the SABC board had failed to file responding papers in time.
Mpofu’s first suspension was overturned in court, as the board had not been properly constituted in the meeting that had him initially suspended.
The SABC board suspended him again, pending the outcome of its appeal against the judge’s decision, and this suspension was also overturned.
In his founding affidavit, Mpofu said the executive directors — including himself — were told to leave the SABC board meeting at which the latest decision to suspend him was taken. One of the recurring motifs of the case has been the exclusion of the three executive directors — Mpofu and two subordinates — from board meetings.
As the board comprises executive and nonexecutive directors, this meant the suspension decision was not taken by the full board.
Mpofu says that according to the SABC’s responding affidavit, the broadcaster will argue that the executive directors were requested, rather than ordered, to leave the meeting.
The board also denies Mpofu’s argument that the communications minister has ultimate authority to discipline him, as the public broadcaster’s group CE. It will argue that the matter be referred to the labour court.
Mpofu argues that the case concerns company law as the SABC board has acted outside of the Broadcasting Act and the SABC’s articles of association.
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