The General Manager
FRUITLESS & WASTFULL EXPENDITURE // QUINTON LENYAI and others
We write this letter with extreme and rapidly growing concern. Concern that the current management of the SABC is either still controlled by external forces, alternatively that it is protecting LENYAI and/or simply unwilling to take action.
We have not received a response to our previous letter in respect of the conduct, and the inconsistent application of discipline in respect the Provincial General Manager in Mpumalanga, Mr Quinton Lenyai and our enquiry as to who has extended his contract in the circumstances.
This is a further and more urgent call to immediately act and suspend Mr Lenyai, failing we will ensure we will hold management who failed to act, personally liable for further fruitless and wasteful expenditure and damage caused by Mr Lenyai.
The latest just came to our attention.
On Monday, 10 July 2017 the SABC commenced with a disciplinary hearing in respect of our member, Mr Mfanimpela Ndlala. Mr. Ndela was suspended for 12 months. Due to a misunderstanding Mr Ndlela had no representative at the hearing. He requested a postponement (what would one day difference make, as he was on suspension for 12 months?) to find himself a representative. The chairperson only granted our member an hour to find a representative – to prepare and defend a matter the SABC took 12 months to investigate and prepare.
Our member was unable to secure a representative in such a short time, let alone prepare for the hearing.
When he reported this to the chairperson, the hearing proceeded on instruction of the chairperson – with no representation and not being prepared at all. Our member made it clear he will not participate in the hearing, and he did exactly that. He sat as an observer only.
The SABC called three witnesses, which included Lenyai. Their evidence went uncontested as our member did not speak at all in the hearing. He also refused to testify.
He was then found NOT GUILTY on all but one charge, a charge that alleged he was responsible to instruct a co-employee to act as a security guard and doorman to collect money at an event. He was found guilty of negligence (incorrectly) for failing to do that and issued with a final written warning valid for eight months.
We are sure you are also shell shocked at this moment.
Is this what justified his 12 months suspension?
Why, without ANY defence or EVIDENCE from his side could the SABC, after calling three (3) witnesses, not prove any misconduct, but negligence against our member?
Why, in the circumstances, did the SABC incur cost to host an entire panel if there was no case of misconduct against our member?
Who approved disciplinary action against our member in these circumstances?
We once again and urgently demand that LENYAI be suspended with immediate effect and his contract be ended, and furthermore that the person responsible for the extension of his contract be called to account for his/her actions.
As we are of the view our member has been incorrectly found guilty, we intend to refer a dispute to the CCMA to challenge the verdict and sanction in respect of the negligence our member has been found guilty off, unless the SABC confirms in writing it will set aside same.
Once again, failure to meet our demand will result in BEMAWU using this letter and the SABC failure to act against LENYAI as proof of inconsistent application of discipline at all future CCMA matters.
We await your urgent response.
Hannes du Buisson