The Commission of Inquiry into State Capture in Johannesburg will continue to hear evidence from former Transnet chair Mafika Mkhwanazi. On Thursday, Mkhanazi persuaded the board to reinstate Freight Rail head Siyabolela Gama based on other contraventions that were similar to those of Gama, but that didn’t result in dismissal.

Bowman Gilfillan Attorneys director, Chris Todd told the commission that Mkhwanazi relied on 30 similar cases to conclude that the dismissal of Gama would have been unfair.

This is despite an independent disciplinary inquiry recommending Gama’s dismissal on three counts of procurement irregularities. Gama was reinstated and later promoted to the position of Group CEO.

“What is strange is it’s not Gama or his attorneys approaching the board to say here are the cases. I am relying on inconsistencies which make my dismissal unfair. It looks like the board is going out of its way to go and dig up as many old cases as possible and say are they the same as Mr Gama? Yes they are, and therefore we must settle. One doesn’t see any doc from Mr Gama to say here is our case of inconsistent discipline,” says Deputy Chief Justice Raymond Zondo.

State Capture Inquiry, 15 October 2020 Part 2