“I appeal to all of you and I speak with the voice of the nation, please sit down and put your differences aside and find a peaceful solution in the interests of the nation that we love so much. I can see that both legal counsels are amenable, and this shows that this matter can be resolved outside the perimeters of this court,” Judge Jajbhay said emotionally.
“Go to find a mediator. I know that they are a lot of good people out there who can help you solve this issue,” he advised.
The judge, who spoke directly to Mpofu, also asked whether any non-executive board member was present in court. “Where is Ms Mkhonza? Is there any non-executive board member here today? He asked calmly, perhaps in the purpose of addressing them directly and better conveying his message.
But Mpofu said he cannot negotiate while he remains suspended. “They were the ones who dragged me to court. The matter is now in their hands. Certainly they would have to lift this suspension before we move forward. It is a missed opportunity that they are not here. They would have heard what the judge felt about this matter,” he said afterwards.
“We would not be here if they have accepted the proposal I made in January this year that we clarify certain issues between the board and the management and strive to patch up our differences. But that friend of friendship was rejected.”
On Monday 23 June 2008, the board reportedly sent a letter to Mpofu, saying it was ready to negotiate unconditionally but an agreement could not be reached because Mpofu insisted on certain pre-conditions.
A disciplinary hearing, which was supposed to take place this week, could also not go ahead because the matter has not been decided by the court.
‘Dirty tricks'
“This board is full of tricks,” Sandile July, a member of Mpofu's legal team told Bizcommunity.com. “But we will see. If the mediation proves to be successful, we will not come back here on July 1.”
In a statement, the board welcomed the court's decision to postpone the proceedings and noted Judge Jajbhay's comments on seeking a peaceful solution. However, it refused to absolve Mpofu's ‘sins'. “We have to reiterate that we consider the charges of misconduct against the CEO to be serious and therefore it is important that we follow due process in dealing with them,” Mkhonza said.
“As indicated in previous statements, we will not deal with this issue in the media but in the meantime we are considering ways in which the judge's mediation proposal can be implemented.”
As the proceedings went on in court 6E, Mpofu sat serenely next to his wife, the director-general of Transport Mpumi Mpofu and alongside the Magnificent Seven, a group of senior managers who signed a petition calling on the board to step down.
Asked whether the Magnificent Seven were rallying behind their beleaguered boss, Sipho Sithole, spokesperson of the group and coordinator of the Senior Management Forum, replied: “We stand behind the principle of good corporate governance.
“The only thing we wish is for him to go back to work. Prisoners don't negotiate. He would have to be ‘freed' before they start the process of mediation.”
Outside the court, a group calling itself ‘Friends of the Public Broadcaster' and led by Torong Ramela, cheered and sang revolutionary songs in support of Mpofu, whom they accompanied up to the Innes Chambers, opposite the court. “Down with the board, down with Khanyisiwe,” they shouted repeatedly.
