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A triple dose of craziness

13 March 2009 Gareth Stokes

You have to be brave to read the newspapers these days. It takes resolve to digest reports of crime, the global economic crisis, motor retail outlet closures, road accidents and other forms of carnage on a daily basis. The problem is South Africans have t

SAA pays top dollar to sideline yet another executive

We’ll begin with taxpayer-backed public airline SAA. The company’s board reached agreement with chief executive Khaya Ngqula to terminate his services earlier this week. While the press announced the news with headlines like “Ngqula fired!” the board quickly countered that Ngqula (with the help of his lawyer, Bobby Gundelfinger) had negotiated his exit from the airline. “It has been agreed between the parties that the terms of the settlement are confidential; but any payments will be reflected in the annual report in accordance with normal disclosure obligations,” says SAA. Ngqula was on special leave pending the outcome of an investigation into a range of irregularities that surfaced during his tenure.

In the blink of an eye each party to the decision was trumpeting victory. The trade unions are ecstatic and say their exposé got the chief executive fired. Ngqula gets to slip out of the limelight with a ‘martyr’ tag. He has done nothing wrong and his resignation secures the moral high ground for placing the wellbeing of the company and its staff before his own. And the SAA board brazenly pats itself on the back for negotiating an exit that they would no doubt like to repeat when one of their own gets taken down for similar transgressions. The board says investigations into Ngqula’s alleged transgressions will continue and that action will be taken if necessary.

It strikes us they’re using the wrong process flow diagram. Here’s how it should have happened: Chief executive goes on ‘special leave’ – committee appointed to investigate allegations – committee reports its findings – board studies findings – action taken! They’ve moved the “action” step up a few notches and negotiated a settlement without the scantest regard for fact. Would you negotiate a fat settlement with a chief executive if he’s guilty of tender irregularities or worse? The real loser in this saga is the taxpayer who ends up paying another ‘sick’ bonus to a departing SAA chief executive. The board won’t say how much; but we reckon a seven figure settlement will be tucked away in the group’s next annual report. And that covers the ‘declared’ part of the deal only. Ngqula has little to worry about if allegations are proved.

Shaik – rattle – and roll

It seems a criminal conviction under South Africa’s justice system means nothing if you’re well connected. The proof – Shaik is a free man. On Monday 2 March 2009, after serving just 28 months of a 15-year jail sentence (mostly from the comfort of a private hospital room) he received medical parole. Grilled on the conditions of his release, correctional services spokesperson Manelisi Wolela told SABC radio: “The Act is very clear – it talks about people who are in the final stages of their terminal illness.” But it’s up to the uninformed observer to decide whether chest pain, high blood pressure or depression qualifies as terminal in Shaik’s case. Just days before the parole board announcement, President-in-waiting Jacob Zuma said Shaik should have been released months ago. It’s clear that with or without the medical parole Shaik would only have languished in jail a few months longer. Zuma will be able to wave the presidential pardon wand as early as May this year.

As South Africa begins a bedside vigil for this struggle hero turned businessman turned fraudster – and they may have some time to wait – opposition parties are baying for an investigation. According to Democratic Alliance spokesperson, James Selfe, they have written to President Kgalema Motlanthe to urge him to “consider establishing a probe into the release on medical parole of Schabir Shaik.” The Health Professions Council is already conducting investigations. They will hopefully find out how three doctors concluded that Shaik was terminally ill – and ask questions about the conflicting statements made by certain doctors to the media.

In one of his quickest responses to a crisis ever, correctional services minister, Ngconde Balfour, moved to stamp out suggestions of impropriety. “Having studied the contents of the report as submitted to me by the said parole board today, I am of the view that the decision they made is correct,” he said. And his next comment clearly underlines his impartiality. To consider the matter for review “would render the system of correctional services inhumane and contrary to the requirements of the Constitution.” Funny – the rest of us thought the processes applied to secure Shaik’s release were the unconstitutional part of this equation!

No middle ground with local law enforcement

We’re sure Johannesburg taxi drivers will have a few words to say on the constitutional matter too. Earlier this week Metro Police decided to get tough on traffic offenders, arresting taxi drivers and impounding their vehicles for a variety of road traffic violations. Although we join other road users in applauding the action we have to ask: “Does driving in the emergency lane, speeding or changing lanes over a solid line deserve jail time?” Would you be happy if you were thrown in jail for a similar offence? If yes – then where does it all end?

Editor’s thoughts: Was that crazy enough for you? The great thing about South Africa is there will be more of the same in the weeks to come. What do you think about the correctional services decision to parole Schabir Shaik? Add your comment below, or send it to gareth@fanews.co.za

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