SABC to comply with court’s order to reinstate Palesa Chubisi

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The South African Broadcasting Corporation (SABC) says it intends to comply with a court order that TV news presenter Palesa Chubisi be properly consulted before she is retrenched.

The SABC has lost its appeal opposing the reinstatement of  Chubisi. 

The public broadcaster says they have so far offered the employee four alternatives as her current position is no longer a permanent one.

Group Chief Executive for Human Resources, Mojaki Mosia says the court had not ruled on the merits of her retrenchment, but merely that she was ill when the retrenchment happened and was, therefore, not properly consulted.

Chubisi approached the Labour Court in Johannesburg last year after the public broadcaster dismissed her and 29 others.  

This followed a Public Protector’s investigation and the SABC’s own international investigation found that Chubisi and others were appointed or promoted without due process by former Chief Operating Officer, Hlaudi Motsoeneng.  

The Labour Court on Wednesday ruled that they are in support of Chubisi’s application to be reinstated at the SABC 

In its order, the court stated that despite its previous two orders for the public broadcaster to reinstate Chubisi, it continued to invoke the Section 189 process to unfairly dismiss her.  

The SABC was also ordered to pay the cost of the application.  

 ‘Treatment unwarranted’

Chubisi said she feels the public broadcaster’s decision to fire her was a deliberate attempt to harm her reputation. 

Chubisi’s legal representative, Advocate Macgregor Kufa, says, “It was unwarranted for the SABC to treat her in the manner in which they did. Because it was just there to harm her dignity and reputation. She feels vindicated and she feels the employer has been treating her unfairly, notwithstanding that there is a review application before the High Court pertaining to her position, which is to do with the Public Protector. And remember, the Public Protector report does not say she must vacate the position. It says she was irregularly appointed,” says Kufa. 

In the related video below, Chubisi wins a court case against her dismissal: