SABC bosses in legal crunch

193 26/07/16 The court ruled on Tuesday morning that their dismissals for questioning the SABC's censorship policy was unlawful and that the four employees Foeta Krige, Suna Venter, Jacques Steenkamp and Krivani Pillayshould return to work with immediate effect. Picture:Nokuthula Mbatha

193 26/07/16 The court ruled on Tuesday morning that their dismissals for questioning the SABC's censorship policy was unlawful and that the four employees Foeta Krige, Suna Venter, Jacques Steenkamp and Krivani Pillayshould return to work with immediate effect. Picture:Nokuthula Mbatha

Published Jul 27, 2016

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Johannesburg - The SABC has declined to say whether the reinstated journalists would be allowed back at work after the Labour Court ruled that their dismissal had been unlawful.

As the journalists wait to see whether they will be allowed back at work, following the ruling by the Labour Court in Johannesburg on Tuesday that overturned the SABC’s decision to axe them, the public broadcaster’s spokesman Kaizer Kganyago remained noncommittal on the fate of the journalists.

Asked whether the SABC did not have a problem with the journalists reporting for duty, Kganyago said their lawyers were studying the court’s ruling. “We can’t comment on any aspect of the judgment until it has been studied by our lawyers,” he said.

The SABC fired Suna Venter, Foeta Krige, Jacques Steenkamp and Krivani Pillay last Monday for misconduct over allegations that they had spoken to the media about their unhappiness over the public broadcaster’s decision to ban the airing of violent protests in which state property was being destroyed.

Their other colleagues – Thandeka Gqubule, Busisiwe Ntuli and Lukhanyo Calata – were fired the following day on similar charges. Labour union Solidarity then took the cases of Krige, Steenkamp, Venter and Pillay to court.

On Tuesday, the union emerged victorious when the Labour Court declared their sacking unlawful and ordered that they return to work immediately, in accordance with their job descriptions.

The SABC was also interdicted from continuing with the disciplinary proceedings against the four, and the court also made an unusual order regarding the costs of the application.

It ordered Sebolelo Ditlhakanyane, the SABC’s general manager for radio news and current affairs, and Malolo Tebele, acting group executive for news and current affairs, to file affidavits stating why they should not be personally held liable for all or part of the costs of the application.

The letters of dismissal that were served to the journalists bore Ditlhakanyane’s name and signature.

Solidarity has expressed fears that the journalists might be victimised when they return to work. The union said, however, that it would do everything to protect them if that happened.

The journalists were all smiles following the judgment and said they were looking forward to being at work.

Krige, the Radio Sonder Grense executive producer, said it had not been easy for him sitting at home, listening to his colleagues on the radio and not being part of the action, especially before the elections.

“The elections are around the corner and we were supposed to be there (reporting on them). All the plans were in place but I had to leave my team behind… It was not easy, but I listened to programmes every morning, I listened to how they came out for us, reporting without fear,” he said.

“I am looking forward to a newsroom without fear, a newsroom where people can speak out loud, without whispering. And I look forward to a newsroom where our management… will understand that there are certain consequences for what they did,” he said.

Steenkamp said they had been vindicated, and he had no doubt the court would rule in their favour. He said they stood up for integrity and principle and that freedom of speech had finally won.

However, amid the celebrations and happiness, Steenkamp had misgivings about returning back to work as the court had ordered.

“The obvious question is: Will we be allowed to go back?”

The Right2Know campaign hailed the court’s ruling, saying it was another blow for the broadcaster’s “incompetent” board and the cabal around chief operating officer Hlaudi Motsoeneng.

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