Thursday, February 7, 2019
SABC yet again loses in court as judge orders SABC to reinstate fired former acting head of legal Nompumelelo Phasa.
Madoda Mxakwe fired Nompumelelo Phasa in late-December 2018 without a hearing, in a similar way to how the SABC fired the so-called "SABC8" journalists.
Nompumelelo Phasa brought an urgent application in the Labour Court to set aside her unlawful dismissal, with the Labour Court that has now ruled in her favour and ordered the SABC to reinstate her.
The SABC that employed 3 advocates for the case, was ordered to pay the cost of the application.
The SABC in a statement says that it "has noted the judgement in the matter between the SABC and Nompumelelo Phasha and would like to place on record that Nompumelelo Phasha faces serious misconduct charges including, but not limited to conflict of interest through her failure to recuse herself in a procurement process involving her relative; fraudulent activity involving a trade exchange to the value R1,8 million; and breach of relations of trust with the employer".
"As a result, Nompumelelo Phasha was placed on suspension on 8 October 2018. Whilst on suspension and still facing serious charges, Nompumelelo Phasha attacked the SABC in defence of people whose dishonest conduct led to the systemic financial collapse of the organisation."
"In addition, Nompumelelo Phasha brought the SABC into disrepute by accusing the organisation of colluding with its attorneys and CCMA commissioners in disciplinary cases against her, and these events led to her dismissal."
"The Labour Court judgement is therefore not in relation to the gross misconduct charges and allegations that the SABC levelled against Nompumelelo Phasha, but rather on the processes undertaken in her dismissal from the organisation."
"This means that Nompumelelo Phasha is still on suspension on the gross misconduct charges levelled against her."
"The The SABC is currently considering its options, including appealing, which it will not discuss publicly at this stage. The reports alleging that the SABC CEO has been ordered to pay legal costs are not factual and the SABC disputes them."
The SABC's own SABC News division on Thursday reported that the SABC CEO, Madoda Mxakwe has been ordered by the Labourt Court to personally pay the legal costs.
It means that the SABC is now disputing the reporting of its own SABC News division publicly.