Showing posts with label Tumisho Phalane. Show all posts
Showing posts with label Tumisho Phalane. Show all posts
Wednesday, December 9, 2015
Charges in disciplinary hearing against SABC COO Hlaudi Motsoeneng suddenly reduced to just 3; Hlaudi pleads not guilty as media is shut out of hearing.
The SABC's disciplinary hearing against its chief operating officer (COO) Hlaudi Motsoeneng has turned into yet another public broadcaster farce with the charges leveled against its highly controversial and famously matricless boss suddenly deleted from the charge sheet from 6 to just 3, to which Hlaudi Motsoeneng pleaded not guilty - while the media got shut out of the proceedings.
The SABC's contentious and bizarre disciplinary hearing of Hlaudi Motsoeneng that suddenly resumed this week after it was "terminated" and "cancelled" last week is losing credibility, transparency and integrity.
It comes as the disciplinary process now suddenly has to be completed by this coming Saturday according to a High Court order (which said it must be done within 60 days), which is not really leaving enough time for due process to be followed.
Already the disciplinary hearing chairperson changed twice: First advocate William Mokhari who abruptly disbanded the disciplinary hearing last week on Thursday saying it would serve no purpose other than being an "academic" exercise - only for the hearing to be re-established and starting again this week with a new chairperson, Willem Johannes (EJ) Edeling.
Already the disciplinary hearing changed prosecutors three times: First labour lawyer Sandile July who was fired after alleged irregularities with the appointment, then Mponyana Ledwaba who abruptly left last week, and now Tumisho Phalane as the 3rd prosecutor to work on the disciplinary hearing.
Tumisho Phalane told the hearing and chairperson on Monday that he doesn't have enough to prepare. Chairperson EJ Edeling said the case must proceed because the process needs to conclude by Saturday at the latest.
On Tuesday the chairperson barred the media from attending the proceedings.
The SABC is also suddenly just going ahead with 3 of the original list of charges against Hlaudi Motsoeneng with no indication of why not more charges are being made from the litany of alleged transgressions contained in the Public Protector's scathing report about Hlaudi Motsoeneng that was made public in February 2014.
The SABC's disciplinary hearing against Hlaudi Motsoeneng has now been dramatically reduced, instead of being expanded, to just allegations of gross dishonesty, gross misconduct and abuse of power.
Among the charges dropped and suddenly gone and deleted from the latest charge sheet include the extensive report from the Public Protector of how Hlaudi Motsoeneng was directly involved in allegedly increasing his ballooning salary several times per year.
Ar R3,784 million per year, Hlaudi Motsoeneng now earns more than president Jacob Zuma.
Hlaudi Motsoeneng pleaded not guilty to all three of the remaining charges in his disciplinary hearing.
On Tuesday Jabulani Mabaso, head of human resources was the first to testify against Hlaudi Motsoeneng.
Lorraine Francois, an executive auditor was the second to testify against Hlaudi Motsoeneng.
Hlaudi Motsoeneng's disciplinary hearing was supposed to start on 30 October but was abruptly postponed to 1 December.
It was then again postponed to 2 December. It ran for only 2 and 3 December after being "cancelled".
It was then reconvened for an unknown reason and set to start on 7 December. On 7 December is was again postponed to 8 December which became the first real day of the disciplinary hearing.
It now raises serious concerns as to whether a judicious and proper disciplinary hearing can take place given the little time left before Saturday when the period of 60 days - as ordered by the High Court - is reached.
While the SABC had a whole two months to start and conclude proceedings in a disciplinary hearing against Hlaudi Motsoeneng, the public broadcaster pushed it to the very brink, making it likely very difficult to thoroughly have witnesses and others give testimony, for more additional and the original other 3 charges to be brought, and for due process and due diligence to be followed.
All of these things are casting a shadow of Hlaudi Motsoeneng's disciplinary hearing which is continuing today with 2 further witnesses expected to be called.
Monday, December 7, 2015
BREAKING. SABC's Hlaudi Motsoeneng disciplinary hearing becomes even more bizarre as the chairperson and prosecutor are suddenly replaced ... again.
The disciplinary chairperson was suddenly replaced; the prosecutor was suddenly replaced with a third new prosecutor; and the hearing was postponed for a 3rd time to Tuesday.
The shockers and twists and turns of trying to keep up with the latest developments and news of Hlaudi Motsoeneng's disciplinary hearing has made it all but impossible to keep up with the utter insanity of it all.
Hlaudi Motsoeneng's disciplinary was abruptly cancelled on Thursday.
The chairperson advocate William Mokhari on Thursday said the disciplinary hearing of Hlaudi Motsoeneng serves no purpose and would only be "academic" due to multiple ongoing court cases against Hlaudi Motsoeneng, and that the disciplinary hearing has therefore been cancelled.
Now, suddenly, without any word of warning or announcement, William Mokhari is out and replaced by new chairperson, advocate Willem Johannes (EJ) Edeling.
Suddenly - also without warning or announcement - Tumisho Phalane is the new prosecutor in the disciplinary hearing.
It makes Tumisho Phalane the 3rd prosecutor to work on the case. He now says he is not actually ready.
It comes after Mponyana Ledwaba as the SABC's prosecutor is suddenly also gone...
... Who in turn replaced the labour lawyer Sandile July ...
... Who was fired as the lead prosecutor in the disciplinary hearing.
Oh and the case has been postponed again (for a 3rd time now, and after it was "cancelled") to Tuesday.
Prosecutor Tumisho Phalane argued that he didn't have enough time to prepare for the case (which, seeing that he is now the 3rd prosecutor to take on the case) seems like a reasonable argument but overall is so bad and reflects so negatively on the whole disciplinary hearing in totality.
The integrity of something and a process like a disciplinary hearing - and especially this disciplinary hearing of Hlaudi Motsoeneng - must be and had to be above reproach and had to be protected.
Yet another ominously dark cloud is already hanging over all of it. A replaced lead prosecutor. Who then gets replaced. Who then gets replaced.
A chairperson who gets replaced.
A disciplinary hearing supposed to start at the end of October. That gets postponed to 1 December. That gets postponed to 2 December. That starts on 2 December, Runs on 3 December and gets "cancelled" and "adjourned" on 3 December...
... Only to be restarted on 7 December, but then gets "postponed" yet again to start on 8 December.
Let's call this laughable Hlaudi Motsoeneng disciplinary hearing the clear mess that this SABC process once again is: a total shambles.
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