A stand-off between the SABC Board and suspended chief executive Dali Mpofu played out in the Johannesburg High Court on Thursday where he launched an urgent application to challenge his suspension.

SABC chairperson Khanyi Mkonza, in papers submitted to the court, stated that Mpofu's conduct as a manager and his "unlawful" suspension of his news chief Snuki Zikalala had led to his own suspension.

However, Mpofu's lawyers argued that only the Minister of Communications had the power to suspend him, adding that his suspension was orchestrated by the presidency.

But Mkonza said: "The applicant [Mpofu], in clear defiance of the [SABC] board, decided without any power or authority to do so, to suspend [news chief] Snuki [Zikalala]."

"The applicant's conduct in suspending Zikalala, in the manner that he did, is yet a further example of what appears to be a pattern of behaviour by him that discloses complete lack of accountability to and disregard for the board."

Mpofu's decision to suspend Zikalala came just a day before his own suspension.

Board 'concerned' about conduct

Mkonza said in court documents the board was by that time already "concerned" about Mpofu's conduct as group CEO.

This related to, among other things, the late submission of the budget for the 2008-2009 financial year.

When a draft budget was eventually presented, it contained errors and some of the figures were "incorrect and inconsistent with other figures in the very same document".

The board was also upset about the SABC losing broadcasting rights with the International Cricket Council (ICC) because Mpofu did not follow instructions to have the necessary contract with the ICC concluded and delivered within the set time frame.

Another concern was the "alleged failure to manage and present a clear technology road map" ahead of the 2010 soccer world cup.

The board was also worried about the "alleged failure to implement board resolutions, particularly in relation to the repositioning of SA FM".

Memo leaked to the media

A memorandum containing the board's discussions on these concerns was then leaked to the Sunday Times newspaper.

"Following the disclosure of the memorandum the applicant [Mpofu] did not contact me or any other member of the board," said Mkonza.

"Rather, the applicant proceeded to canvass (extensively) the issues dealt with in the memorandum in the media.

"The applicant also sought to impute to the board unlawful and improper purpose in considering the serious allegations contained in the memorandum."

Mpofu later claimed Zikalala had leaked the memorandum to the media and that was why he was suspended.

However, Mkonza maintained in the court papers that Zikalala's suspension was "invalid and unlawful".

Mpofu is arguing that his own suspension was unlawful because the meeting where it was decided did not follow the correct procedures as stipulated in the Companies Act.

'Get rid of the CEO'

He said in court papers that Pahad had ordered the board to "get rid of the CEO".

"I have reason to believe that the chairperson and the deputy chairperson, in particular, were and are still acting in pursuance of that instruction," said Mpofu.

"Mr Pahad bears personal animosity towards me because I resisted his unwarranted attempt to interfere during the PSL and Supersport matters towards the end of 2007."

Mpofu also claimed that Zikalala's conduct was "in direct contravention of the SABC's disciplinary code and his employment contract".

Mpofu's lawyer, advocate Vincent Maleka, SC, told the court that the board did not have the authority to suspend Mpofu — but that Mpofu did have the power to suspend Zikalala.

Maleka said the person responsible for appointing the CEO, Mpofu, in this case the Communications Minister, was the only one with the power to suspend him.

He also said the board had acted unethically by giving Mpofu very little notice of the meeting where his suspension was decided.

It did not give him an opportunity to offer his version of the story either. The Minister of Communications did not even know that the board was discussing Mpofu's suspension.

However, advocate Tim Bruinders, representing the SABC board, said the SABC Act stipulated that the board held the power to appoint the CEO and the minister's role was to merely approve his contract.

Bruinders also said Zikalala's suspension was unlawful. Asked by Judge Moroa Tsoka why Zikalala was then not challenging his suspension, the lawyer replied: "It's not in the papers but he is suing the SABC."

The hearing continues on Friday morning.

Sapa