News24

Majola withdraws from hearing

2012-10-10 15:11

Johannesburg - Suspended Cricket SA (CSA) CEO Gerald Majola withdrew from his disciplinary hearing on Wednesday in order to approach the Labour Court, his lawyers said.

"The reason for his withdrawal is that the chairperson refused to adjourn the proceedings to enable Mr Majola to approach the Labour Court before the proceedings resumed," his legal representatives Max Boqwana and Pumezo David said in a statement.

Majola's legal team believed the process was unlawful and argued that the CSA board had already cleared him of any wrongdoing in respect of insufficient disclosure of bonus payments received by him and other staff members in 2009.

"He would be participating in a process that constitutes a fundamental breach of his constitutional right to fair labour practices," his lawyers said.

"Mr Majola contended that the CSA board had fully dealt with all the complaints and with full knowledge of all the facts and its rights.

"Accordingly, in law and equity, it was precluded from re-opening the matters."

Majola's lawyers were referring to CSA's internal committee of inquiry held in mid-2011, headed by CSA's then acting president AK Khan.

"After the Khan Committee had filed its report, the board was satisfied that Mr Majola had not committed any serious misconduct.

"Thereafter, an auditing firm, KPMG, conducted a forensic investigation.

"The board then took its decision to regard the matter as closed."

It remained closed until Sports Minister Fikile Mbalula appointed the Nicholson Committee, in November 2011, when the bonus saga refused to die down.

The Nicholson Committee made several recommendations to CSA's board, including that Majola face a disciplinary hearing about the 2009 bonus payments.

Majola's lawyers further argued that the National Sport and Recreation Act "does not give the minister the power to appoint a committee of inquiry.

"In light of the aforegoing, Mr Majola urged the chairperson to rule that the institution of the disciplinary inquiry was unfair on the following basis: an invalid or unlawful act or decision cannot lead to a fair hearing or outcome."

Meanwhile, CSA said in a statement the disciplinary hearing would continue in Majola's absence and that "both Mr Majola and his legal team understand the consequences of their actions".

Advocate Karel Tip, chairman of the disciplinary hearing, ruled on Friday that the CSA board was, in the circumstances, entitled to charge Majola at this stage, "notwithstanding that it had previously decided that the matters were closed".

However, in respect of the lawfulness of the actions and decisions of Mbalula and the Nicholson Committee, Tip said he did not have "the legal capacity to rule on the unlawfulness or otherwise of the impugned processes and/or decisions".

He was bound to regard them as valid until they were set aside.

"In view of the fact that the invalidity of the processes followed, and the decisions taken by the minister and the committee are central to Mr Majola’s defence, Mr Majola had no option but to withdraw from the disciplinary enquiry," his lawyers said.

"He will now approach the Labour Court to pronounce on the lawfulness of the impugned processes and decisions."

SAPA

Comments
  • deon.louw.7505 - 2012-10-10 15:25

    Do a miner on him and fire him. He is making it easy.

  • chiepner - 2012-10-10 15:29

    So the dude steals a few mil, gets caught and then turns around and says he wants to take the matter to labor court..........absolute no bloody integrity what so ever!

  • daleinn - 2012-10-10 15:33

    leave gracefully... not drag your name further in the mud... still wants his bonus money back!!

  • ingrid.oberholzer - 2012-10-10 15:37

    So will your cadres in the labour court get your job back so you won't have to pay any money back???? Is that your strategy????Oh''' I forgot you are the victum here, you and your Buddy McIntosh became very very wealthy cadres as Cricket South Africa's expense. SHAME ON YOU BOTH.

  • luke.watskots - 2012-10-10 15:44

    Foetsek jou skelm blixm!!!!!!!!!!!!!

  • Ntutu Dlova - 2012-10-10 15:49

    I miss Mr Nyoka ,he is good people. unfortunately the good ones don't last , thanks to Majola.

  • afrikeni - 2012-10-10 15:50

    So when he finds that perhaps the Labour Court will rule against him, will he withdraw himself from the court. It's just delaying the inevitable, you man of crooked ways

  • jaco.groenewald.731 - 2012-10-10 16:05

    In SA kan jy wegkom met omtrent enige iets, jy moet net die 'regte' mense ken!!!

  • christopher.m.lowe - 2012-10-10 16:22

    Now this odious little man is not only a liar and a thief. He's a coward too.

  • vernon.samuel.7 - 2012-10-10 16:26

    Excellent. So Majola is the latest crook to try every duck and dive in the book to try and evade discipline. I suspect that he will, at the 11th hour, negotiate a nice and comfortable early retirement package. CSA will know that if this goes all the way to the labour court, then the entire board will be rightfully fingered and have to face the music. The fact of the matter is that the board were complicit and made Nyoka the scapegoat. When the partial truth came out, they made Majola the scapegoat. Hopefully this shrewd move by Majola results in the entire board stepping down.

  • ron.warwick.79 - 2012-10-10 16:33

    He justs looks and acts like a skelm.

  • roy.wadhams.1 - 2012-10-10 16:42

    WHY is this crook still fighting against the inevitable outcome? He must return all the money he thought he was entitled to and then get out of CSA immediately NEVER to return. His next move will be to call a strike against CSA. MAAIFOEDIE!

  • joe.smit.549 - 2012-10-10 17:50

    Perhaps him and Ju Ju will share a cell. They can chat about cricket and woodwork.

  • terrylee.heuer - 2012-10-10 17:58

    Suspended with full pay all this time gosh these things get dragged out!!!

  • gert.swart.393 - 2012-10-11 06:16

    Skelm!

  • pages:
  • 1