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Siyabonga Gama’s reinstatement as CEO of Transnet Freight Rail was the focus of the Zondo Commission’s attention.
- A former special adviser to the then minister of public enterprises, Malusi Gigaba, denies claims that he lobbied for Siyabonga Gama to reinstate himself as CEO of Transnet.
- Siyabonga Mahlangu further claims that he does not know of any person in the government or cabinet in 2011 who had a role in Gama’s reinstatement.
- In earlier testimony at the Zondo Commission, the former Transnet chief legal officer claimed that Mahlangu told him “Number One” wanted Gama to quickly reinstate himself.
Despite the apparent difficulty in remembering some of the details of what happened nine years ago, a former special adviser to the then Minister of Public Enterprises Malusi Gigaba claims that Gigaba and former President Jacob Zuma never ordered him to pressure anyone to reinstate Siyabonga Gama as the CEO of Transnet Freight Rail in 2011 after the latter was convicted of misconduct in 2010.
“I have never met or had conversations with Zuma other than in large meetings. He has never instructed me to pressure anyone to complete the reinstatement of Gama, nor Gigaba. At no time did the minister inform me that the president wanted Gama reinstated or that the dispute with him be resolved quickly, “Siyabonga Mahlangu, a lawyer, told the Zondo Commission on Friday.
According to Mahlangu, he does not know of any person in the government or cabinet in 2011 with knowledge of the matter or who has played a role, directly or indirectly, in Gama’s reinstatement or in the terms thereof.
Gama is among several former senior managers who have been linked to allegations of aiding corruption at the state logistics agency. He has yet to appear before the Zondo Commission in State Capture.
In earlier testimony at the commission, the former head of Transnet’s legal group Siyabulela Mapoma claimed that Mahlangu called him to tell him that “Number One” wanted Gama to quickly reinstate himself.
“I never said that Number One wanted to do it quickly. The term Number One is generally used for a sitting president, so I suppose Mapoma used it in the same way, but his claim is unfounded. I do not mean a president session. as Number One. Normally I would refer to former President Zuma as JZ or Zuma, “Mahlangu said.
He said he has no knowledge of whether Gigaba discussed Gama with Zuma or not.
Presiding Deputy Judge Raymond Zondo told Mahlangu that given the nature of the settlement agreement that the Transnet board reached with Gama, surely one would have looked for a reason why Transnet, as an employer, would reach an agreement on terms that were very much in favor of Gama as an employee?
Mahlangu claims that the first time he saw the content and details of the agreement with Gama was when the Commission provided it to him.
“I was not directly or indirectly involved in the reinstatement of Gama. The only idea I had was when the former chairman of the Transnet board, Mafika Mkwanazi, informed me that the board planned to reinstall Gama. Due to the passage of time, I cannot remember the details of my conversation with Mkwanazi. He told me about the things that he needed me to convey to the minister informally, “Mahlangu said.
“During my conversations with Mkwanazi, I warned that it was prudent for Transnet to seek legal advice on the matter, but that the president should know how he intended to proceed. I do not recall whether the Transnet board officially informed Minister Gigaba of his intention or decision to reinstate Spectrum “. Judge Zondo then referred to earlier testimony from former public companies minister Barbara Hogan, who claimed that Zuma told her she only had one option and that was Gama.
“Zuma has denied saying that, but in the end, if the finding were that Ms. Hogan’s evidence is true, then one would see this kind of mysterious reinstallation of Gama and himself within three years of being reinstated as Group CEO of Transnet, “Zondo said.
Mahlangu said he agreed.
“You asked the right question,” he replied to Zondo. “In a deal, you want to know what the other party gave and what they are buying. From a lawyer’s perspective, it’s a bit curious. I’m not sure if there were any business problems, but the Transnet board needs to respond.”
He added:
“As for my part, I can’t get past the fact that I wasn’t an automaton. I gave advice and, when necessary, let the system work.”
– Thank you Mahlangu
‘I have memory lapses’
In one of the two emails that Mahlangu delivered to the commission after providing his initial affidavit, he appears to suggest that Gigaba “socialize” Zuma about what Transnet intends to do regarding Gama’s reinstatement. Mahlangu repeatedly said that he cannot clearly remember much about the emails.
“By socializing the president, I meant raising his awareness because of the importance of the Gama issue. It was in the public interest and the public was interested in the issue at the time. You had to make sure that those aligned with the president also had told him about the reinstatement of Gama. I don’t know if Gigaba had the president’s support in this regard. My advice to Gigaba was in the context of saying ‘Minister, if this goes wrong, I would want the president’s backing.’ I have memory lapses. I don’t know if Gigaba socialized to Zuma about the Gama settlement, “Mahlangu said.
Zondo commented at the closing of the process that, what is interesting is that two witnesses affirm that instructions were given on the reinstatement of Gama. Mapoma spoke about an instruction and about Mahlangu pressuring him and saying that “Number 1” wants it done quickly, and Mkwanazi talked about there being an instruction, which according to him came from Gigaba in a meeting he had with him.
