The CEO of coal miner Exxaro has lost her first bid to have her suspension lifted after the Pretoria high court struck her case off the roll for lack of urgency.
Tsengwa was placed on precautionary suspension late in November on issues related to workplace conduct and governance.
Last Thursday she approached thecourt arguing her suspension was illegal and asking it to hear her claims that the board of Exxaro overstepped its powers by placing her on suspension while there was no disciplinary hearing pending. However, judge Mncedisi Khumalo found the matter was not urgent and ordered Tsengwa to pay the costs of Exxaro’s counsel.
“There is no case to be made in the founding affidavit for the urgent relief the applicant seeks. It is trite that one does not make out a case in reply but must do so in the founding affidavit. Her failure in this regard is fatal to the application,” Khumalo ruled.
Business Times first reported how up to nine executives had resigned or were suspended since Tsengwa took over, with one describing working under her as “the worst time of my career at Exxaro”.
Those who jumped ship include:
- Roland Tatnall, who was the MD of Cennergi, the group’s renewable energy business;
- Vanisha Balgobind, former executive head of human resources;
- the person who replaced her in an acting capacity, Hemuna Bhola;
- Alex de Angelis, executive head of strategy;
- Bathabile Ponu, the chief internal auditor; and
- Louis Retief, executive head of information management.
The company has appointed a law firm to probe allegations against Tsengwa but she has described this process as a “witch hunt.”
Business Times
Suspended Exxaro CEO Nombasa Tsengwa fails to prove urgency of court application
Image: Supplied
The CEO of coal miner Exxaro has lost her first bid to have her suspension lifted after the Pretoria high court struck her case off the roll for lack of urgency.
Tsengwa was placed on precautionary suspension late in November on issues related to workplace conduct and governance.
Last Thursday she approached thecourt arguing her suspension was illegal and asking it to hear her claims that the board of Exxaro overstepped its powers by placing her on suspension while there was no disciplinary hearing pending. However, judge Mncedisi Khumalo found the matter was not urgent and ordered Tsengwa to pay the costs of Exxaro’s counsel.
“There is no case to be made in the founding affidavit for the urgent relief the applicant seeks. It is trite that one does not make out a case in reply but must do so in the founding affidavit. Her failure in this regard is fatal to the application,” Khumalo ruled.
Business Times first reported how up to nine executives had resigned or were suspended since Tsengwa took over, with one describing working under her as “the worst time of my career at Exxaro”.
Those who jumped ship include:
The company has appointed a law firm to probe allegations against Tsengwa but she has described this process as a “witch hunt.”
Business Times
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