The supreme court of appeal has denied the minister of communications & digital technologies’ application for leave to appeal in a matter regarding the State IT Agency (Sita) board sacked by former minister – and now deputy minister – Mondli Gungubele in July 2023 over then-incoming Sita CEO Bongani Mabaso’s salary.
The order aligns with a ruling by the high court in June that ordered sacked board members Makano Mosidi, Rendani Ramabulana and Olwethu Ketsekile, who were the first, second and third respondents in the case, respectively, be reinstated.
Like the earlier high court ruling, the supreme court of appeal ordered the communications ministry to pay all costs.
“The application for leave to appeal is dismissed with costs on the grounds that there is no reasonable prospect of success in an appeal and there is no other compelling reason why an appeal should be heard,” said the court order.
In July 2023, Gungubele fired the members of the Sita board, causing others subsequently to resign, over a spat regarding Mabaso’s salary.
According to Gungubele, the board “unilaterally” decided to raise the salary offered to Mabaso – who subsequently resigned and went back to the private sector as group chief technology officer of JSE-listed Altron – by R1-million without consulting the minister. This consultation, he said, is required under Sita’s memorandum of incorporation.
This is despite the board’s November 2022 recommendation of Mabaso for the CEO position at a salary of R3.5-million/year. Mabaso was actually offered R4.5-million, according to court papers seen by TechCentral.
Ruffled feathers
Gungubele’s decision ruffled feathers in parliament. In February, TechCentral reported that a legal opinion by a parliamentary legal team opposed Gungubele’s course of action, saying he should abide by the high court ruling and reinstate the fired board while pursuing the appeals process. This did not happen.
In the interim, there have been leadership changes in the communications ministry following the May election, the outcome of which led to the formation of the government of national unity. Solly Malatsi, a Democratic Alliance MP, is now minister of communications, with former minister Gungubele, an ANC MP, as his deputy.
Read: Court tells minister to take a hike in Sita case
In a statement at the weekend, the communications department said Malatsi noted the supreme court’s judgment and will abide by it. “The legal teams of both parties will now engage on the next steps to navigate the process required for the implementation of the judgment,” the department said, suggesting an appeal to the constitutional court is not being considered. – © 2024 NewsCentral Media
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