PRETORIA, September 10 – The high court in Pretoria on Monday reserved judgement in the application brought by ousted Transnet director Seth Radebe‚ who alleges that his removal from the parastatal by Public Enterprises Minister Pravin Gordhan was racially motivated and unlawful.
“I reserve my judgement to the 25th of September. I would like to thank counsel for their arguments and heads of arguments,” said Judge Hans Fabricius before adjourning the court sitting.
Earlier, Advocate Dali Mpofu, representing Radebe, told the court that Gordhan discriminated against his client when he removed him from the state-owned entity, and the court should set aside his decision.
Mpofu argued that Gordhan was exercising excessive power over Transnet.
The attorney took issue with what he called Gordhan’s failure to respond to allegations of racism being leveled against him by Radebe.
“I’ve news for the minister. You don’t just fire people willy-nilly. The courts have said even the President of the Republic cannot do that. He [Gordhan] subjectively thought he was God. Here’s someone who thinks he is a super minister and is not obliged to respond,” said Mpofu.
“Here’s someone who doesn’t understand the workings of government and the State. This kind of arrogance is carried on [in Gordhan’s documents]. He says he didn’t want someone like him [Radebe] in my board. It’s not his board. If he wants to fire his gardener at home, that is fine.”
In his argument, Gordhan argued that he fired Radebe because he plainly ignored evidence of state capture, which bled the parastatal billions of rands.
In May, Gordhan removed Radebe and two others from the parastatal’s board.
Gordhan explained at the time that the failure of the Transnet board to act on damning findings of a report by law firm Werksmans was among the reasons for the removal of the three remaining Transnet board members.
The minister subsequently appointed the interim board headed by Popo Molefe.
Gordhan said the Werksmans report was clear on what the Transnet board needed to do following the controversial R54.5 billion locomotives contract.
Advocate Nazeer Cassim, for Gordhan, told the court that allegations that the minister was a racist were purely nonsensical.
“It is a decision that he took that this man is not fit for the board. We know that R17.4 billion was lost in the purchase of those locomotives. Should the minister wait until people die? The country was robbed,” said Cassim.
“The minister acted to stop the bleeding. If people at Transnet had acted, billions of rands would have been saved.” (ANA)