in Pretoria has dismissed communications minister Mondli Gungubele’s application for leave to appeal a February ruling ordering that theThe court found in favour of sacked board members Makano Mosidi, Rendani Ramabulana and Olwethu Ketsekile, who were the first, second and third respondents in the case, respectively. The minister has been ordered to pay all costs.
“I am not of the view that on the grounds of appeal raised by the applicant that the appeal would have a reasonable prospect of success,” said Justice Julian Yende in theThe applicant has failed dismally to clearly demonstrate that this court has erred or misdirected itself “Comprehensive reasons were provided for the order granted and the sound written judgment delivered. The applicant has failed dismally to clearly demonstrate that this court has erred and/or misdirected itself and thus came to a judgment that no reasonable court could have made,” Yende wrote.
The minister fired members of the Sita board, causing others subsequently to resign, over a spat about then-incoming CEO Bongani Mabaso’s salary. According to Gungubele, the board “unilaterally” decided to raise the salary offered to Mabaso – who subsequently resigned and went back to the private sector as group chief technology officer of JSE-listed Altron – by R1-million without consulting him. This consultation, he said, is required under Sita’s memorandum of incorporation.
This is despite the board’s November 2022 recommendation of Mabaso for the CEO position at a salary of R3.5-million/year. Mabaso was actually offered R4.5-million, according to court papers seen by TechCentral.Yende ruled against the minister in February, ordering that the board Gungubele fired be reinstated. This, however, did not happen.
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