High-powered legal team brought into fray for CCMA.
THE Eastern Cape Development Corporation will have a high-powered legal eagle in its corner when it takes on its former chief executive Sitembele Mase against the backdrop of the Mandela funeral funds saga.
Mase was the first casualty of the scandal when he was suspended and later dismissed in early May this year after a forensic report found he and his chief financial officer Sandile Sentwa released funds without signed documentation.
Former ECDC chairwoman Nomfanelo Magwentshu cited a breakdown in trust between Mase and the board as result.
The labour challenge is set to go to arbitration at the Commission for Conciliation, Mediation and Arbitration (CCMA) from September 17 to 19.
The matter could prove a costly exercise for Mase, who has not earned a salary since his dismissal at the beginning of May.
The ECDC has hired top labour advocate Peter Kroon to represent it in the case brought by its former boss.
Johannesburg-based Kroon forms part of a legal team that includes instructing attorney Leon van Staden.
The chairman of the standing committee on public accounts (Scopa), Max Mhlati, criticised the corporation for hiring an advocate to defend a CCMA case, saying it was an “abuse of public funds”.
Mhlati, who also represents the UDM in the Eastern Cape legislature, added that the appointment of an advocate “casts further doubt” on whether the reasons given for Mase’s dismissal were genuine.
“If they had genuine reasons for dismissing , there would be no need for an advocate. The facts would simply speak for themselves and an attorney would be sufficient.
“ is blatant abuse of ECDC resources and therefore public resources,” Mhlati said.
He added that the ECDC board and CEO had a duty to ensure that the entity’s finances were not abused.
At the time of going to print yesterday, the ECDC had not confirmed what the fees charged by the advocate and attorney would amount to, saying only that “we have agreed on an hourly rate”.
However, the Daily Dispatch understands that top advocates can cost up to R50000 per day and about R5000 per day for the less prominent ones. Oscar Pistorius’s advocate Barry Roux reportedly charged R100000 per day to handle the athlete’s criminal matter.
Asked whether the ECDC considered the appointment of an advocate as an abuse of public funds, the corporation’s spokeswoman Nopasika Mxunyelwa said Mase had done the same when defending the company against employees in the past.
“ECDC is a public entity and has an obligation to act in terms of the law if there is mismanagement of its funds.
“There is nothing unusual or improper about the procurement of an advocate or attorney. Mase himself followed the same route when he disciplined certain ECDC managers while he was the CEO,” Mxunyelwa said.
Mxunyelwa said Mase had also procured the services of an advocate but neither Mase nor his lawyer, Bridgette Magnus, could be reached to confirm the information. — siyam@dispatch.co.za
Showdown for ECDC in Mandela row
THE Eastern Cape Development Corporation will have a high-powered legal eagle in its corner when it takes on its former chief executive Sitembele Mase against the backdrop of the Mandela funeral funds saga.
Mase was the first casualty of the scandal when he was suspended and later dismissed in early May this year after a forensic report found he and his chief financial officer Sandile Sentwa released funds without signed documentation.
Former ECDC chairwoman Nomfanelo Magwentshu cited a breakdown in trust between Mase and the board as result.
The labour challenge is set to go to arbitration at the Commission for Conciliation, Mediation and Arbitration (CCMA) from September 17 to 19.
The matter could prove a costly exercise for Mase, who has not earned a salary since his dismissal at the beginning of May.
The ECDC has hired top labour advocate Peter Kroon to represent it in the case brought by its former boss.
Johannesburg-based Kroon forms part of a legal team that includes instructing attorney Leon van Staden.
The chairman of the standing committee on public accounts (Scopa), Max Mhlati, criticised the corporation for hiring an advocate to defend a CCMA case, saying it was an “abuse of public funds”.
Mhlati, who also represents the UDM in the Eastern Cape legislature, added that the appointment of an advocate “casts further doubt” on whether the reasons given for Mase’s dismissal were genuine.
“If they had genuine reasons for dismissing , there would be no need for an advocate. The facts would simply speak for themselves and an attorney would be sufficient.
“ is blatant abuse of ECDC resources and therefore public resources,” Mhlati said.
He added that the ECDC board and CEO had a duty to ensure that the entity’s finances were not abused.
At the time of going to print yesterday, the ECDC had not confirmed what the fees charged by the advocate and attorney would amount to, saying only that “we have agreed on an hourly rate”.
However, the Daily Dispatch understands that top advocates can cost up to R50000 per day and about R5000 per day for the less prominent ones. Oscar Pistorius’s advocate Barry Roux reportedly charged R100000 per day to handle the athlete’s criminal matter.
Asked whether the ECDC considered the appointment of an advocate as an abuse of public funds, the corporation’s spokeswoman Nopasika Mxunyelwa said Mase had done the same when defending the company against employees in the past.
“ECDC is a public entity and has an obligation to act in terms of the law if there is mismanagement of its funds.
“There is nothing unusual or improper about the procurement of an advocate or attorney. Mase himself followed the same route when he disciplined certain ECDC managers while he was the CEO,” Mxunyelwa said.
Mxunyelwa said Mase had also procured the services of an advocate but neither Mase nor his lawyer, Bridgette Magnus, could be reached to confirm the information. — siyam@dispatch.co.za
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