Public Enterprises Minister Pravin Gordhan has stuck to his guns that the dismissal of Director General Kgathatso Tlhakudi has been fair game as he lost at every legal platform and was also cultivating relations with political parties and union leaders.
In a leaked recording of the Minister at an ANC study group meeting on Monday night, in Business Report’s possession, Gordhan emphasised that Tlhakudi had lost a bid at the Constitutional Court for direct access to his dismissal as well as the Labour Court.
‘’As I see it, I was wondering at one stage why do we want to give Tlhakudi an opportunity to carry out a personal vendetta when, in fact, he has lost on every single footplate. He has actually made strange political alliances with opposition parties to the ANC, with trade union leadership, like Irvin Jim, who is opposed to the ANC, and perhaps others as well in this matter. It’s for you to consider.
“As part of the study group, my view should be held equal to everybody else in this as well. So I thought I should at least inform you of these latest developments so that you take that into account in deliberating how you want to manage the matter,” he told Comrades.
The revelation came hours after Justice and Correctional Services Minister Ronald Lamola had issued a statement announcing the axing of Tlhakudi, who had been on suspension for over a year after he was charged with unethical conduct in the appointment of a security manager at the Department of Public Enterprises.
Tlhakudi, however, has maintained that the dismissal was a smokescreen for his stance against the process to appoint the Takatso Consortium as a majority partner for South African Airways in blatant disregard of due process, which he said could have revealed that the consortium lacked the financial capacity to fulfil its R3 billion obligation.
Gordhan told the ANC study group that there had been nothing untoward about processes at SAA, which he took back in stages from the restructuring to business rescue, the decision not to liquidate and ultimately looking for a partner to take the majority stake.
In a statement yesterday, Tlhakudi said Minister Gordhan, aided by Minister Lamola, expedited the disciplinary hearing to ensure that a dismissal was delivered before he could appear before the Portfolio Committee on Public Enterprises today and Thursday at the Public Service Bargaining Council.
He said the bargaining council acceded to his request for access, in line with statutes intended to protect whistle-blowers from malicious disciplinary hearings by employers.
He said the actions of Minister Gordhan affirmed the importance of strengthening whistle-blower protection laws in this country.
‘’Let me be unequivocal: my battle against my suspension and my unlawful dismissal is fundamentally rooted in safeguarding my integrity. The fight against corruption within the context of Takatso is equally significant to me. Both causes are of utmost importance to ensuring the integrity of the public service and state-owned enterprises by shielding them from political interference. The public is reminded of former Eskom CEO (André de Ruyter) comments in this regard,’’ he said.
Tlhakudi said he was adamant to remain in his position of Director General (DG) as the Ministers had appropriated for themselves powers they do not have in firing him when only the President can issue a letter of dismissal to a DG, and that Minister Lamola was tasked with overseeing the disciplinary process.
Tlhakudi's counsel, Advocate MacGregor Kufa, said there were still avenues to be explored.
“The Constitutional Court ruling and the dismissal do not pre-empt available options. We will challenge the automatic dismissal at the Labour Court. We will also challenge the unlawful suspension at the Labour Appeals Court,’’ Kufa said.
The dismissal is the latest in a string of setbacks for Thlakudi, who, in October last year, lost a labour court bid for reinstatement from suspension after it was convinced of a deteriorated relationship between Tlhakudi and his political principal, Gordhan.
Business Report contacted Ellis Mnyandu, the spokesperson for the Department of Public Enterprises, for comment. However, he referred BR to the Department of Justice and Correctional Services. Despite BR’s attempts to further get government commentary, BR was referred to public statements already in the public domain.
BUSINESS REPORT