SABC fires Phathiswa Magopeni
The South African Broadcasting Corporation has fired group executive: news and current affairs Phathiswa Magopeni.
The SABC says she has the right to refer this matter to the Commission for Conciliation, Mediation and Arbitration or the Labour Court should she deem it necessary.
Here is the letter:
- The SABC convened a disciplinary enquiry presided over by an external Chairperson Advocate Nazir Cassim SC (“Adv Cassim SC”).
- On 23 December 2021, following the afore-mentioned hearing, you were found guilty in respect of charge 2.
- The approach by Advocate Cassim SC was to deal with the issue of sanction as follows:- he recommended that you be given a sanction of a warning but if you made common cause with the remarks as set out in the heads of argument submitted on your behalf, the SABC should, in its discretion and decision-making power, adopt a sanction which is consistent with that of a breakdown in the trust relationship between employer and employee.
- In this regard, Advocate Cassim SC gave the parties sufficient guideline/parameters to deal with the issue of sanction, without further resort to himself. Advocate Cassim SC, therefore, became functus officio. Put simply, what more could he say, where you make common cause with the views expressed in the heads of argument – he has already determined what needs to happen.
- The decision now rests with the SABC.
- In the discharge of Advocate Cassim SC’s recommendations, on 28 December 2021 you were afforded, in line with the rule of natural justice and the audi alteram partem principle, an opportunity to submit mitigating factors for the SABC’s consideration.
- After several requests for extensions, on 27 January 2022, instead of taking up the opportunity to submit your mitigating factors and distance yourself from the 2 remarks in, amongst other things, the heads of argument submitted on your behalf, you elected not to submit your mitigating factors. You have thus waived your right to do so.
- To remove any prejudice, the SABC provided aggravating factors for you to address and invited you to provide your mitigating factors. As recorded above, you waived your right to respond. There can thus be no legitimate complaint of prejudice.
- In the absence of your mitigating factors, the SABC finds that there is a breakdown in the trust relationship between you and the SABC, for reasons more comprehensively set out in the “Invitation To The Employee To Submit Factors In Mitigation” dated 28 December 2021.
- You are hereby notified that your services are terminated with effect from 28 January 2022.
- You are kindly requested to hand in all SABC property in your possession to the office of the Group Executive: Human Resources by 12:00 on 31 January 2022.
- You shall have the right to refer this matter to the CCMA or the Labour Court should you deem it necessary.
- We wish you well in your future endeavours
Source : Sethembiso Zulu/EWN
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