The State Capture Commission has heard how former minister of Public Enterprises Malusi Gigaba gave the instruction for a review of former Transnet Freight Rail CEO Siyabonga Gama’s dismissal,  which eventually led to his reinstatement.

Former Transnet board Chairperson, Makifa Mkhwanazi, testified Gigiba was of the view Gama’s dismissal was unfair.

Mkhwanazi was giving Transnet related testimony before the commission which is investigating allegations of corruption and maladministration.

The commission is probing the events which led to Siyabonga Gama’s reinstatement.

According to Mkhwanazi, Gigaba felt Gama’s dismissal was too harsh.

Former Transnet Board Chairperson, Mafika Mkwanazi testifies:

Gigaba allegedly cited a culture of impunity, in which similar transgressions hadn’t result in dismissal, to conclude Gama had been treated unfairly.

This despite an internal disciplinary process having found Gama guilty of three charges of misconduct and the dismissal of two other Transnet employees for similar contraventions.

It has emerged that the settlement agreement reached with Gama was negotiated in secret.

Mkhwanazi allegedly negotiated the settlement which included a back payment of Gama’s salary without a lawyer present.

Mkhwanazi also allegedly instructed Transnet’s legal department to stop efforts to recover funds owed to the SOE following Gama’s failed unfair dismissal court application.