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Battling Mpofu's still out in the cold

By unknown | Aug 19, 2008 | COMMENTS [ 0 ]

Mfundekelwa Mkhulisi

Mfundekelwa Mkhulisi

Suspended SABC chief executive Dali Mpofu remains out in the cold.

His bid to save his job was dealt a major blow yesterday when Johannesburg high court Judge Antonie Gildenhuys dismissed with costs an application for leave to appeal against a ruling last month favouring his suspension by the SABC board.

Last month Mpofu asked the high court to declare his suspension illegal. He argued that meetings held on June 2 and 11 were unlawful because decisions to suspend him were taken after he and executive directors Charlotte Mampane and Robin Nicolson were asked to recuse themselves.

The court ruled against him.

Mpofu yesterday appealed for leave to appeal the ruling.

In his ruling yesterday Gildenhuys said: "My reason for concluding that Mpofu was not entitled, as of right, to attend the board meetings of June 2 and 11 2008 and to receive documentation pertaining thereto when his conduct and possible suspension were to be discussed, and that the chairperson did not act improperly or unlawfully when she called on him to leave the meetings, is fully set out in my judgment of July 14 2008.

"In my opinion there is no reasonable prospect that another court will come to a different conclusion."

Gildenhuys said that "even if Mpofu and Mampane were entitled to participate in the two board meetings, their absence cannot affect the validity of the meetings because they either left voluntarily or acquiesced to orders by the chairperson to leave."

Mpofu told Sowetan that he had expected the judgment.

"It was clear from the hearing where the results were going."

He said his lawyers were drafting papers for a petition to the supreme court of appeal.

"I think we need someone different to hear this matter," he said.

Mpofu said the papers would be filed in a week or two.

The trial will continue next week on Tuesday.


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