Did the Transnet board follow due process in firing Gama?

The board of Transnet decided to let go of its CEO Siyabonga Gama with immediate effect over the weekend.

Gama is implicated in corruption and maladministration, relating to a multi-billion rand locomotive deal which took place in 2012.

However, it seems as if his lawyers are going to court and what is of immediate concern is whether or not he is at work today.

READ: Transnet board on why it booted CEO Siyabonga Gama

Speaking to Xolani Gwala, Group Chief Executive at Alexander Forbes Edward Kieswetter says Gama is not a work.

And I have had word from the company secretary that he will not report for duty.

Edward Kieswetter, Group Chief Executive at Alexander Forbes and board member at Transnet

He adds that Gama not reporting to work doesn't mean that he has accepted his termination because he has said that he disagrees with the board's process.

Mr Gama has been very clear that he disagrees with the board's process and is taking legal steps to have the board's decision reversed and he will continue to engage in that process.

Edward Kieswetter, Group Chief Executive at Alexander Forbes and board member at Transnet

He says as far as the board is concerned, his employment was terminated on Monday.

When probed on whether the firing of Gama was fair and whether they followed a fair process, Kieswetter had this to say:

We are working with a legal team and legal counsel, so the board applies its mind on these matters and reaches a conclusion which the conclusion will always be challenged in the processes that are allowed.

Edward Kieswetter, Group Chief Executive at Alexander Forbes and board member at Transnet

Gwala also speaks to labour law expert from Deale Attorneys, Patrick Deale who says the court states it is not appropriate to get an interim release.

But is also not appropriate to terminate without following the due process of going through the arbitration to determine what the issues are.

Patrick Deale, Labour Law Expert from Deale Attorneys

Listen below to the full interview:


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