Johannesburg - Former Transnet chief executive Siyabonga Gama has insisted that former president Jacob Zuma had nothing to do with his reinstatement to his job despite a High Court ruling which declared him unfit to retain the position.
Gama was reacting to the Zondo Commission’s evidence leader Anton Myburgh who said that the decision of the Transnet board to reinstate to his job in February 2011 after his dismissal in June 2010 was politically motivated.
Myburgh maintained proper procedures were followed to discipline Gama in 2009 for his role in procurement irregularities and contempt of senior Transnet officials. He said Gama challenged the outcome of the disciplinary case in the Gauteng High Court in Joburg and failed.
He also lost his bid for an appeal with costs but Transnet agreed to pay back his legal costs.
During his main testimony, Gama told the Commission of Inquiry into State Capture that his disciplinary charges were concocted in 2009 as a ploy to prevent him from succeeding Maria Ramos as the group chief executive.
But Myburgh maintained his reinstatement to the post as chief executive in April 2011 had been politically motivated and Zuma was behind it.
Myburgh based his questions on the testimony of former public enterprise minister Barbara Hogan who testified about her short spell as minister in May 2009. Hogan said after a month in office, she was summoned by Zuma to discuss the impending vacancy of group chief executive at Transnet following the then impending departure of Ramos.
According to Hogan, the then Transnet board had recommended the appointment of Telkom chief executive Sipho Maseko, but Zuma allegedly insisted on Gama or nothing.
In her testimony, Hogan insisted that Zuma could not be persuaded despite being aware that Gama was facing disciplinary charges of procurement irregularities during the same time.
“He insisted that we should wait for the completion of the disciplinary charges against Gama,” Hogan said.
According to Hogan, her refusal to consider Gama as the potential Transnet group chief executive created sour relations between her and Zuma. She said that escalated after Gama was dismissed in June 2010. Hogan said four months later she was also recalled from her position and replaced by Malusi Gigaba in November 2010.
The commission heard that Gigaba allegedly facilitated the appointment of a new Transnet board under Mafika Mkhwanazi in January 2011. The evidence further revealed that three months later Gama was reinstated to his position.
During his testimony before the commission on Thursday Gama confirmed the sequence of events but denied any political influence. In his version to the commission, Gama said: “I ’appealed’ my dismissal at the Transnet Bargaining Council. I did not want to go back to Transnet. I wanted them to give me my money and go away. I wanted them to pay so much so that I could leave them in peace.”
According to him, he was ill-treated compared to other senior executives who faced disciplinary charges against them. He said others were given full disclosures of the charges against but he was only given snippets.
“I was wrongly charged. Everybody knows there was a succession plan at Transnet. They would not have charged me if I did not apply for the post of group chief executive officer to succeed Maria Ramos,” Gama insisted.
He said he was approached by the Transnet board at his review application at the Bargaining Council to settle the dispute.
He said it was the Transnet board that asked to return to the freight rail agency as it was struggling financially.
“I dropped my review application at the Bargaining Council and returned to Transnet. I am not aware of any political influence in my reinstatement,” Gama said.
Gama is expected to file an affidavit next week in response to allegations that he was part of the team that inflated the prices of 1 064 locomotives. Transnet allegedly budgeted R38.6 billion for the locomotives but the price was increased to R54.5bn.
Political Bureau