THE termination of Jacob Maroga's employment as chief executive officer of power utility Eskom was illegal, Johannesburg high court heard yesterday.
"... It is unlawful and must be set aside," said Maroga's lawyer Vincent Maleka.
He spent the day painstakingly picking through the company's articles of association - which govern the relationship between its directors and shareholders - in support of Maroga's claim to R85million in benefits he lost when he was removed from the post.
Maleka said there was no written resignation letter by Maroga and the board did not make a written resolution on its acceptance of the resignation in October last year. He said all of this was on Eskom's version.
Although they say it was done orally, there was nothing written down by the board to confirm it. All they could find was a "round robin" resolution on whether they should accept Maroga's resignation, and that of chairperson Bobby Godsell, who had also resigned at the height of the controversy.
The board decided to accept Maroga's resignation but not Godsell's. However, a copy of that resolution was only signed by one person on November 2.
A copy of the resolution containing the signatures of the other board members, which would have constituted a quorum, couldn't be found. There were eight board members present at this meeting, according to Eskom.
"This is not an acceptable resolution. There is no copy with everyone's signature. We invite our learned friends to make it available to the court and to us." - Sapa