EXPLAINER | Here's why Sipho Pityana is heading to court after alleged Absa chair snub

Absa’s lead independent director, Sipho Pityana, is heading to court after his nomination as chair of the bank was allegedly blocked.

He alleged that former Absa CEO and current chair at AngoGold Ashanti, Maria Ramos, informally told the Reserve Bank's Prudential Authority (PA) head, Kuben Naidoo, of an investigation against him for alleged sexual harassment.

Pityana has denied any claims of harassment but an alleged investigation by AngloGold reportedly found that the incident did happen. Pityana later resigned, claiming divisions in the board.

Absa later allegedly conducted their own investigation, which found the first investigation had been flawed. 

According to the Financial Mail, Absa still considered Pityana for the role as chair, but, according to an affidavit by Pityana, was told by Naidoo that most of the Reserve Bank governors “decided that the authority would object to [his] appointment as chair of Absa, were Absa to submit a formal [nomination]”.

He was then allegedly informed that Absa's board would not nominate him for the role.

The publication said Naidoo replied to Pityana's complaints against the PA, confirming that concerns had been raised about the allegations but because Absa hadn’t formally nominated Pityana, the regulator hadn’t made any decision.

In a statement, Pityana said he will challenge the PA in the North Gauteng High Court for allegedly using what he called an informal process to influence Absa not to appoint him to the position.

Pityana is not seeking to stop the appointment of another chair but objects to the manner in which he was allegedly sidelined for consideration for the position. 

Pityana said he had not been found guilty of harassment and the claims hurt his reputation. He said he was proud of the small role he played to ensure gender equality.

However, he said he is not blind to the fact that sexual harassment can be weaponised.

“There have been many cases where this has been weaponised and I believe it to be so in this instance. Successfully exposing and fighting this phenomenon is important for the credibility of the cause against sexual harassment,” he said.

“Guilty people don't force issues like this into the public domain by mounting legal challenges, they try to keep a lid on them. I am convinced that is what the PA is hoping: that I will not challenge their unlawful conduct because I would not want questions raised about my alleged personal conduct.”