SWAZILAND Electricity Company (SEC) hired a private investigator to track the movement of lawyer Sikhumbuzo Simelane, who was reportedly evading Sikhumbuzo Tsabedze’s disciplinary hearing.
http://liarcatchers.com/electronic_surveillance.html
This is reflected in the opposing papers filed by SEC Managing Director Pius Gumbi at the Industrial Court. Gumbi says the first hearing was held on July 20, 2011.
He says it was postponed at Tsabedze’s instance. “I am advised that same was postponed to the July 28th – 29th as well as the August 1, 2011,” he states.
“However, I note that the applicant (Tsabedze) is not being candid.
The applicant has failed to mention that on the 1st August, 2011 his attorney (Sikhumbuzo Simelane) sent a letter to the chairperson indicating that he would not be attending the hearing due to lawyers’ boycott.
“The said letter was sent in the morning. The applicant’s attorney did not bother nor had the courtesy to advise the first respondent’s (SEC) attorney, let alone call him.
However, at the hearing a certain Mr. Mali appeared and for the first time, indicated that Mr. Simelane was sick. The whole episode was suspicious.
“This led to the first respondent hiring a private investigator, who then tracked the movement of the applicant’s attorney. We have a full investigation and a report of the whereabouts of Mr. Simelane on the said dates.”
Gumbi says the investigator was prepared to file an affidavit before court. “It is, therefore, significant that the applicant decides to leave this issue out,” he states.
Lawyer Simelane’s appointment transparent – SEC MD
SEC General Manager-Corporate Services Max Mkhonta has a mandate to appoint a chairperson of the company’s disciplinary hearing, the Industrial Court was informed.
SEC Managing Director Pius Gumbi, in his opposing affidavit, says the suggestion that Mkhonta should not have been involved in the appointment of the chairperson in the disciplinary hearing against SEC General Manager-Customer Services Sikhumbuzo Tsabedze lacked credibility and devoid of any legal significance.
Gumbi was responding to Tsabedze’s allegations that lawyer Mbuso Simelane’s appointment as chairperson of his disciplinary hearing was improper because Mkhonta had a direct and substantial interest in its outcome.
Tsabedze, who is being accused of exposing SEC to E98 million losses, has been slapped with five charges of gross negligence and insubordination. Gumbi says the appointing of the chairperson was one of Mkhonta’s responsibilities.
He argues that the appointment of the chairperson was transparent and done according to procedure.
“This procedure was adopted on numerous occasions,” he explains. “The honourable court is referred to the case of former General Manager-Corporate Services Sifiso Dlamini, where the chairperson was Lindiwe Khumalo-Matse, appointed by the managing director.
The court is also referred to the case of Luke Mswane, wherein the chairperson was appointed by the manager corporate services.
“In that matter, the manager corporate services gave evidence but only on procedural issues not on the substance or the substantive issues. The applicant (Tsabedze) clearly wants to cause confusion and digress from the pertinent issues. “It is not clear why he should be so apprehensive.
He has been always evading the hearing.
The reasons given in this paragraph are totally evading hearing. The reasons given are totally out of place. Further, arguments will be made in court in this regard.”
My integrity being attacked – SEC GM Sikhumbuzo Tsabedze
Tsabedze told Industrial Court Judge Dumsani Mazibuko that the company has made serious allegations in court papers touching on his integrity.
As a result, he applied for the postponement of his case indefinitely to enable him to file replying papers. He said he was not happy with the SEC allegations since they were attacking his integrity.
Tsabedze, however, did not cite any specific allegation mentioned in the SEC affidavit deposed to by SEC Managing Director Pius Gumbi. While Tsabedze was making his submissions, his lawyer Sikhumbuzo Simelane was sitting in the public gallery, in solidarity with the lawyers’ boycott.
His request for a postponement was opposed by SEC’s attorneys on the basis that the matter was urgent. Judge Mazibuko postponed the case to Monday.
Tsabedze was directed to file his replying papers by Friday. SEC is being represented by S.V. Mdladla & Associates.
‘Lawyer Mbuso Simelane is impartial’
Gumbi says lawyer Mbuso Simelane, who is the chairperson of the disciplinary hearing, is an impartial and independent person.
He says the issue of bias which was being raised is an afterthought. “It would be improper for the court to allow such issues to be raised in the manner the applicant seeks to do without raising them before the appropriate forum,” she states.
Gumbi denies that there was any biasness on Simelane’s part.
“The grounds upon which the applicant suspects biasness are self-created and are clearly an afterthought,” he states.
Gumbi claims Tsabedze was hell-bent on tainting Simelane’s image. He says it was not clear on what basis Simelane had made irregular rulings.
“There is only one decision which the chairperson made on the issue of recusal which in the view of the first respondent (SEC) was correct given the documents which are now before court and the court will bear testimony to this,” he states.
“With regards to the other decisions, the applicant is disingenuous given the fact that the chairperson made these decisions in favour of the applicant (Tsabedze). In any event, this is for the first time that the applicant raises this issue.”
