Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News

      MultiChoice will ride out Nigeria chaos

      13 June 2024

      Showmax reports R2.6-billion in trading losses

      13 June 2024

      Big section of 2Africa subsea cable is now live

      12 June 2024

      MultiChoice sheds 9% of its subscriber base in 12 months

      12 June 2024

      Win for MTN as Standard Bank makes MVNO shift

      12 June 2024
    • World

      SpaceX sued by engineers fired after accusing Elon Musk of sexism

      13 June 2024

      Elon Musk withdraws lawsuit against OpenAI

      12 June 2024

      Investors cheer Apple AI strategy

      12 June 2024

      High-fidelity audio is finally coming to Spotify

      11 June 2024

      Musk threatens to ban Apple devices over OpenAI integration

      11 June 2024
    • In-depth

      It’s Jensen’s world now

      6 June 2024

      From Talkomatic to WhatsApp: the incredible history of instant messaging

      28 May 2024

      The 20 most influential tech products of all time

      22 May 2024

      Early signs that AI is fuelling a productivity boom

      21 May 2024

      GPT-4o is a stunning leap forward in AI

      18 May 2024
    • TCS

      TCS+ | Telco or ISP? Tired of load shedding chaos? This is for you

      13 June 2024

      TCS+ | Check Point dissects the complexities of cloud security

      11 June 2024

      TCS | MultiChoice declares war on piracy – the man leading the fight

      10 June 2024

      TCS+ | ESET’s Adrian Stanford: how AI will transform cybersecurity

      10 June 2024

      TCS+ | Pinnacle CEO on how AI is going to transform SA business

      6 June 2024
    • Opinion

      Lessons from healthcare for navigating South Africa’s energy crisis

      12 June 2024

      How to maximise solar panel performance in winter

      11 June 2024

      Corrupt municipalities crushing affordable connectivity in South Africa

      4 June 2024

      Post Office debacle shows ANC is out of ideas

      28 May 2024

      Should the SABC have discretion to reject a political ad?

      19 May 2024
    • Company Hubs
      • 4IRI
      • Africa Data Centres
      • Altron Document Solutions
      • Altron Systems Integration
      • Arctic Wolf
      • AvertITD
      • CallMiner
      • Calybre
      • CoCre8
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • E4
      • Entelect
      • ESET
      • Euphoria Telecom
      • iKhokha
      • Incredible Business
      • iONLINE
      • Iris Network Systems
      • LG Electronics
      • LSD Open
      • Maxtec
      • MiRO
      • NEC XON
      • Network Platforms
      • Next DLP
      • Ovations
      • Paratus
      • Ricoh
      • Skybox Security
      • SkyWire
      • Velocity Group
      • Vertiv
      • Videri Digital
      • Workday
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Fintech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Public sector
      • Retail and e-commerce
      • Science
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » Public sector » Battle over Sita board headed back to court

    Battle over Sita board headed back to court

    A State IT Agency-appointed law firm has concluded that Mondli Gungubele need not abide by a court judgment ordering that the board the minister fired last year be reinstated.
    By Nkosinathi Ndlovu22 February 2024
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp
    Communications minister Mondli Gungubele

    A State IT Agency (Sita)-appointed law firm has concluded that communications minister Mondli Gungubele need not abide by a high court judgment ordering that the board he fired in July last year be reinstated because the application the minister filed to appeal the decision suspended the order.

    The legal opinion, given by Pretoria-based Ngeno and Mteto Incorporated, contradicts the interpretation given by parliamentary legal experts on the matter, who concluded that the minister must abide by the order while awaiting the result of the appeal.

    The matter is now headed back to court, with the minister filing papers to appeal the judgment.

    “As one of the respondents in the matter, it would have been unwise for us not to seek an interpretation of the high court judgment while knowing that it was contestable. The status quo at Sita is influenced by the legal opinion we sought out,” said Tlali Tlali, head of corporate affairs at Sita.

    It would have been unwise for us not to seek an interpretation of the high court judgment

    The minister fired members of the Sita board, causing others subsequently to resign, over a spat about then-incoming CEO Bongani Andy Mabaso’s salary.

    According to Gungubele, the board “unilaterally” decided to raise the salary offered to Mabaso – who recently resigned and went back to the private sector as group chief technology officer of JSE-listed Altron – by R1-million without consulting him. This consultation, he said, is required under Sita’s memorandum of incorporation.

    Gungubele hired a new board on 22 July 2023 on an interim basis and a permanent board was appointed in August.

    Differences in opinion

    According to Tlali, the current situation at Sita is that the old board has not been reinstated, as per the court order, meaning that the board hired by Gungubele in August last year is the accounting authority for the organisation — at least from Sita’s perspective.

    The differences in opinion between the parliamentary legal team and the Ngeno and Mteto report lie in the interpretation of section 18 of the Superior Courts Act, which governs the suspension of court orders. In general, the filing of an appeal does not invalidate the ruling under dispute unless executing the ruling would be final in its effect. The interpretation adopted by Sita argues that reinstating the old board would effectively be final.

    “It appears that the part of the order reinstating the dismissed board members is unlikely to be revisited in [the upcoming second part to the court proceedings], which means it has final effect,” it said.

    Read: Gungubele given bloody nose in Sita board mess

    Democratic Alliance shadow minister of communications Natasha Mazzone, who sits on the parliamentary portfolio committee for communications & digital technology, said it is concerning that a court has to make a decision on a matter where the entities embroiled in a legal battle are accountable to parliament.

    “We have to ask how we arrived at this juncture in the first place. How is it that a minister is in a legal battle with an entity in which the ministry is a stakeholder? It shows that there are big problems at Sita,” said Mazzone.

    Natasha Mazzone

    She said that both Sita and the minister must come before the portfolio committee to explain their legal positions and fully disclose information about the issues at the agency. There is some time set out for such probes in weekly committee meetings, but Mazzone argues that it is not enough to interrogate the parties satisfactorily.

    “It is of such national importance that we get to the bottom of what is going on at Sita but the department never allots enough time for the minister to account to the committee. The chairperson of the committee must call a special meeting with Sita and the department; what we require is a sit-down for a full day.”

    According to Mazonne, full disclosure would go a long way towards equipping the “average man in the street” with enough information to have an informed opinion on the developments at Sita. It would also clarify some inconsistencies between what has been said in parliament’s legal opinion versus the one solicited by Sita.

    Read: Unease over ructions at Sita

    Sita’s document, dated 9 February, says that the minister filed leave to appeal three days earlier, on the 6th. Parliament’s document, dated 12 February, claims no knowledge of an appeal being filed. According to Mazzone, this suggests a failure by the minister to furnish parliament’s legal teams with the requisite information.

    “At the time of our advice, our office did not have access to any court pleadings related to an appeal against this judgment and could not speak to the consequences of such a litigation step,” said parliament’s legal team.

    “There must enough information for the average South African, for an average man in the street, to be able to look at it, assess it and understand it. The whole of South African needs to be part of this discussion. Everyone must understand what is going on here,” said Mazzone.  – © 2024 NewsCentral Media

    Get breaking news alerts from TechCentral on WhatsApp

    Mondli Gungubele Sita State IT Agency Tlali Tlali
    Subscribe to TechCentral Subscribe to TechCentral
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleEskom’s Mteto Nyati: private investment needed in power
    Next Article Andrew Mthembu named interim CEO of EOH

    Related Posts

    MultiChoice will ride out Nigeria chaos

    13 June 2024

    TCS+ | Telco or ISP? Tired of load shedding chaos? This is for you

    13 June 2024

    How to harness customer insights in the age of information overload

    13 June 2024
    Company News

    How to harness customer insights in the age of information overload

    13 June 2024

    How LayUp is advancing lay-by payments in Africa

    12 June 2024

    Recapping an extraordinary month at Next DLP

    12 June 2024
    Opinion

    Lessons from healthcare for navigating South Africa’s energy crisis

    12 June 2024

    How to maximise solar panel performance in winter

    11 June 2024

    Corrupt municipalities crushing affordable connectivity in South Africa

    4 June 2024

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    © 2009 - 2024 NewsCentral Media

    Type above and press Enter to search. Press Esc to cancel.