Trio to fight SABC expulsion

Hope Zinde emphatically denies allegations she divulged any matters or decisions taken by the board.

Hope Zinde emphatically denies allegations she divulged any matters or decisions taken by the board.

Published Mar 29, 2015

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Johannesburg -

Ronny Lubisi, the SABC non-executive board member fired this week for alleged conflict of interests is set to legally contest his expulsion - an action that he believes could destroy his career as an auditor.

“My view is that the decision was made illegally, in contravention of the Broadcasting Act 4 of 1999, and the Companies Act. As a result, I am seeking legal advice.

“I view the decision of the board and such statements as unfortunate. I have been registered as an auditor with the Independent Regulatory Board of Auditors and South African Institute of Chartered Accountants for the past 14 years.

“In all that time, I have always conducted my business with absolute adherence to the professional and ethical requirements of my profession.”

 

He would welcome an independent inquiry by “a duly authorised body” into his conduct as an SABC Board member and would “fully participate in such processes”.

Lubisi was fired, together with Rachel Kalidass, also an auditor, on Thursday at a special meeting of the SABC board convened to consider “allegations of fraudulent conduct and non-disclosure of conflict of interest levelled against certain members”.

This according to acting board chairman Professor Mbulaheni Maguvhe.

The meeting was convened to conclude the business of the special board meeting held on March 12.

That meeting passed a vote of no confidence in Hope Zinde, another non-executive director, for allegedly divulging board information at a recent ANC communications workshop, and resolved to remove her from the board with immediate effect.

“After deliberations it was resolved that Rachel Kalidass and Mashangu Ronny Lubisi be removed as non-executive directors with effect from March 26,” said Mugavhe.

The fraud charge against Kalidass involves alleged abuse of her travel perks.

He said the decisions had already been communicated to the shareholder, meaning Communications Minister Faith Muthambi.

Kalidass and Zinde are also challenging their expulsion, on the same grounds as Lubisi.

They have insisted they remain members of the board.

Kalidass did not respond to requests for comment yesterday. However, Business Day quoted her on Friday as having said on Thursday:

“I am still a member of the board because the process used (to remove me) was unlawful. People are misquoting the Companies Act and taking no notice of the current Parliamentary and legal process that is under way.

“This shows that the removals are motivated by malice and it is a purge.”

Zinde has claimed in a letter to the Portfolio Committee on Communications that she was being purged because she was opposed to the minister’s appointment of the controversial Hlaudi Motsoeneng as a permanent COO. This after the adverse findings against him by the Public Protector that he had lied about having matric when applying for a job at the public broadcaster.

Their expulsion comes after Muthambi had sent them and three other board members two letters in December, accusing them of breaching their fiduciary duties and instructing them to tell her why she should not recommend to President Jacob Zuma that they be fired. Insiders say all these members opposed Motsoeneng’s appointment.

The others are Krish Naidoo, Vusi Mavuso and Professor Bongani Khumalo. Khumalo left in disgust in January. His departure followed the resignation of board chairwoman Ellen Tshabalala in December, amid a scandal related to her qualifications.

 

Ayanda Holo, spokesman for Muthambi, confirmed she had “received and confirmed” the resolutions of the special board meeting.

 

“The minister supports and respects the decision of the SABC Board as is within their delegation provided for in terms of section 71 (3) of the Companies Act No 71 of 2008,” said Holo.

Muthambi took a similar position on Zinde’s expulsion last week.

Joyce Moloi-Moropa, the chairperson of the PPC, said last week that she had sought legal opinion on the Zinde’s expulsion. The Sunday Independent understands she has since received the opinion, which should also apply to Kalidass and Lubisi.

On Saturday, she would only say that “good progress” had been made on getting the opinion from the Parliamentary legal team and that she would be advised on how to proceed by Speaker Baleka Mbete as the matter involves Parliament.

Muthambi would also have to be apprised of the legal opinion and be given the opportunity to respond to it before it was made public.

Meanwhile, Zinde has asked the PPC to have her expulsion reviewed and revoked. In her letter, dated March 14, a copy of which Sunday Independent has seen, Zinde denied having divulged board matters as alleged.

She said three other board members – Krish Naidoo, Vuyokazi Mhlakaza and Aaron Tshidzumba – had also attended the ANC communications workshop.

“I surmised that it (the expulsion) had to do with the fact that out of all the members present there, I had not only been complaining vigorously about serious board challenges but, in particular, the Multichoice agreement, which I had written to the acting chairperson about several times, with no response.”

Zinde claimed the public broadcaster’s archives were sold to Multichoice, the pay TV company, for R220 million.

The deal, which she referred to as a “travesty” against the SABC and the country, was signed by Motsoeneng last July.

Zinde referred to the meeting that fired her as a “kangaroo court”.

“Throughout the meeting, myself and Krish Naidoo tried in vain to show Professor Maguvhe that what he was doing, presiding over a kangaroo style interrogation… on another board member is illegal and that he needed to stop the meeting, follow due process and proper procedures as provided in the Broadcasting Act and Company’s Act.”

She painted a picture of a chaotic meeting at which board members were insulted. “In between trying to make our points heard, insults were hurled at us by Vuyokazi Mhlakaza and Motsoeneng.

“They were something Professor Maguvhe never admonished, but simply supported by agreeing with Mhlakaza and Motsoeneng throughout the meeting,” said Zinde.

She also accused Mhlakaza of suggesting she had divulged the Multichoice agreement to the ANC workshop and of engaging in a tirade of insults “aimed at painting me as a non-member of the ANC – but just a pretty face smiling at important people in the ANC and thinking that makes me an ANC member.”

 

She continued: “Motsoeneng said he has evidence that I said something bad about the SABC at the ANC lekgotla. I implored him to provide the evidence but he couldn’t.”

 

Zinde said Kalidass walked out and she too “decided to walk out as I could no longer be part of an illegal and illegitimate decision against me”.

She later found out from the media that the meeting, which now had only seven board members present, and lacked a quorum, had passed a motion of no confidence in her and voted to remove her from the board.

“I believe what happened to me is a direct result of me incessantly raising serious board issues with the acting chairperson, to no responses. Thus my initial complaint of no confidence in him, and thus an inquiry into his conduct, since Minister Muthambi is not responding to me.

“Therefore what has happened to me is not only unlawful, but smacks of a campaign to get rid of me simply because I am conducting my board duties diligently…

She also asked the PPC to investigate Maguvhe for both bias and lack of leadership.

The Sunday Independent

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