Embattled Transnet CEO Siyabonga Gama will on Tuesday approach the Labour Court to stop the utility’s board from firing him.
Transnet had given Gama 10 days to show why his contract should not be terminated for alleged misconduct and maladministration in the acquisition of R54-billion worth of locomotives.
In papers prepared for court‚ seen by Business Day‚ the CEO wants the court to order that the notice calling on him to give reasons why he should not be fired constitutes a "wrongful and unlawful anticipatory breach of the applicant’s contract of employment".
On October 5‚ Gama’s lawyers wrote to Transnet chair Popo Molefe demanding that the termination notice be withdrawn‚ threatening legal action if this was not done. In a response to Gama‚ Transnet’s lawyers‚ Mncedisi Ndlovu & Sedumedi Attorneys‚ said their clients would not withdraw the notice.
"Should your client [Gama] fail to meet the aforementioned deadline‚ our client [Transnet] will proceed to take a decision on the basis of the information before it; and there are no sound legal grounds to sustain the threatened urgent court action‚" the attorneys said.
- BusinessLIVE
Transnet CEO goes to court to keep his job
Image: Robert Tshabalala
Embattled Transnet CEO Siyabonga Gama will on Tuesday approach the Labour Court to stop the utility’s board from firing him.
Transnet had given Gama 10 days to show why his contract should not be terminated for alleged misconduct and maladministration in the acquisition of R54-billion worth of locomotives.
In papers prepared for court‚ seen by Business Day‚ the CEO wants the court to order that the notice calling on him to give reasons why he should not be fired constitutes a "wrongful and unlawful anticipatory breach of the applicant’s contract of employment".
On October 5‚ Gama’s lawyers wrote to Transnet chair Popo Molefe demanding that the termination notice be withdrawn‚ threatening legal action if this was not done. In a response to Gama‚ Transnet’s lawyers‚ Mncedisi Ndlovu & Sedumedi Attorneys‚ said their clients would not withdraw the notice.
"Should your client [Gama] fail to meet the aforementioned deadline‚ our client [Transnet] will proceed to take a decision on the basis of the information before it; and there are no sound legal grounds to sustain the threatened urgent court action‚" the attorneys said.
- BusinessLIVE
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