Lawyer Motsoeneng Bill: Moroe going to court after CSA fires CEO
Cricket South Africa may have fired their chief executive officer Thabang Moroe with immediate effect on Thursday afternoon‚ but the battle could be far from over as the Labour Court now becomes the setting for the next instalment of this protracted disciplinary matter.
Moroe’s legal representative Michael Motsoeneng Bill told TimesLive on Thursday they were approaching the Labour Court at 5pm as they felt the process was unlawful.
“We were not part of that process. We are currently before the Labour Court. We were going to be heard at 5pm on an urgent application. The reason we didn’t attend the hearing is because we are in court‚” Bill said.
“We didn’t attend the hearing because we think the process is unlawful. Whilst we are waiting for our matter to be heard‚ they are also continuing and dismissing my client in absentia.”
On August 12‚ TimesLive reported that Moroe planned to file papers at the High Court in an attempt to prevent the organisation from hauling him in front of the board on August 13.
CSA sent a letter to Moroe last month notifying him of its intention to terminate his contract for “cause”.
Employers can activate a “termination for cause” clause for any actions that are considered as grave misconduct.
Moroe was suspended in December last year following reports received by the social and ethics committee and the audit and risk committee of the board related to possible failure of controls in the organisation.
Last month‚ TimesLive reported that Moroe was slapped with the following charges:
- GSC Agreement
- GSC production services
- Revocation of media accreditation for journalists during the Mzansi Super League
- The abuse of CSA credit cards
- Relationship with the SA Cricketers Association (Saca)
- Procurement of Tina-Nathi Consulting
- Relations with Saca
- Insubordination for refusing to help with Fundudzi
Despite his December suspension‚ Moroe received his suspension letter in January‚ while Fundudzi Forensic Services were appointed in February‚ from where they started the investigation the following month.
Former CSA president Chris Nenzani told the sports portfolio committee in June that the report was going to be ready by the end of that month.
That particular deadline wasn’t met while Sunday Times reported on July 5 that the terms of reference of the investigation were changed to focus on Moroe and not the board.
The full report has yet to see the light of day‚ with CSA’s members council having not seen the report.
Last week‚ CSA’s acting president Beresford Williams told parliament a forensic audit and investigation report into board and management practices at the ailing organisation is not ready to be presented to the sport‚ arts and culture portfolio committee.
Bill said they only received an abridged version of the report that squarely focused on Moroe.
“We got an abridged version of the report‚ one that told us about our client and targeted at him and not the one that deals with CSA‚” Bill said.
CSA’s axing of Moroe was‚ according a statement from the organisation released on Thusrday‚ based on expert external legal opinion supported by the findings emanating from an independent forensic investigation.
“The independent forensic investigation revealed that Mr. Thabang Moroe had committed acts of serious misconduct which warranted the sanction of dismissal‚” the statement said.
“Moroe was offered sufficient opportunity to provide representations to the independent forensic auditors and to the Board regarding the allegations of misconduct‚ which opportunity he failed and/or refused to utilise.”
Titans CEO Dr Jacques Faul acted as CSA CEO from December until his August 17 resignation‚ from where chief commercial officer Kugandrie Govender then took over the acting reins.
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