Open letter to Ms Gill Marcus and Dr Xolile Guma

February 7, 2011

The Justice for all Forum (JFAF), which is an advocacy organisation for redressing economic; social and judicial imbalances; fighting for transformation therein and human rights abuses, has noted with concern the unfair dismissal of Mr Musa Mbhele as the Managing Director of the South African Bank Note Company (Pty) Ltd (i.e. SABN). What concerns us gravely is the manner in which the SABN board and by association, the South African Reserve Bank went about preferring charges against him in July 2010 when he was first put on special leave. That these charges were changed on three different occasions is indicative of a board that was grasping at straws and going on a fishing expedition. The case against Mr Mbhele seemed to limp from one disaster to another until the board finally found what it thought was a charge that sticks. In putting up what our investigation has revealed to be baseless allegations with charges of incompetence, overstepping his mandate and not declaring his business interests to mention but a few, the board demonstrated that there was a witch-hunt against its MD who had been in office since 2006 after secondment in 2001 by the SARB.

Mr Mbhele served as a Deputy Managing Director from 2003 which was a sign that he had been excelling in his job given the short time interval from secondment to elevation to the highest office in the company. It thus struck the JFAF with surprise when the “operational problems” which surfaced at the SABN were attributed to him. It is worth mentioning that we penned an article which appeared on Politicsweb a while ago, inviting and equally challenging both the SABN and SARB to clarify a few issues of concern. We unfortunately didn’t get any acknowledgement or response to telephonic enquiries and subsequently undertook our own investigation. The said investigation revealed a disturbing outcome and/or information about a fallout which is what we believe is what eventually led to Mr Mbhele’s suspension and resultant unfair dismissal (after being found guilty in absentia and without being given a fair hearing thus ignoring the principle of ad idem ). Flowing from this information, we would like both the Governor and the Chairman to answer or clarify and/or dispute (if at all) the following questions and/or allegations: -

v  Mr Mbhele is being victimised for uncovering a plot to steal bank currency to the tune of R3m at the SABN. Is this view correct?

v  The culprits haven’t been prosecuted by the relevant authority albeit they were dismissed by the SABN. Is this leniency customary?

v  The above-mentioned case led to the “operational problems” as the MD was subsequently sabotaged because of his swiftness in stopping the rot at SABN. Is this correct?

v  The “weaknesses” in security features weren’t new and these actually date back to 2001, a fact which was duly brought to the board’s attention at the time. Is this revelation correct?

v  The Production Manager (Mr Johan de Jong) confessed to sabotaging Mr Mbhele and alluded to the belief that the MD had wronged his “friends”/colleagues. Is this correct?

v  Mr Mbhele is a victim of a fall out with Mr Gary Zulberg, a long-time friend of the governor and an expert/consultant whom she brought in to solve the “weaknesses” in security features or in the printing of bank notes? Is this logic correct?

v  The appointment of the Mr Gary Zulberg as an expert/consultant wasn’t procured through proper channels and due process as laid down in terms of the PFMA and stipulated on the SCMA. Is this correct?

v  The consultant (Mr Gary Zulberg) is said to have asked the finance personnel to transfer an amount of R1m to an undisclosed account (possibly offshore) without due cause. Can this allegation be clarified, confirmed or denied?

v   The consultant (Mr Gary Zulberg) was brought in to spy on Mr Mbhele’s and was resident in his office thus interfering with his work. Is this correct?

v  The consultant (Mr Gary Zulberg) attended EXCO meetings which included issuing instructions to the said EXCO without deferring to the MD first. Is this true?

v  Mr Mbhele reported the perceived interference by and personality clashes with the consultant (Mr Gary Zulberg) to the board and this led to soured relations between the two. Is this true?

v  The SABN board is divided on this matter (i.e. dismissal) and as a result thereof some board members have resigned in protest. Is this correct?

v  The lead witness (Ms Kuzam Kilian) who testified in respect of an irrevocable breakdown in trust by the board on Mr Mbhele is a foreign nation who didn't have a mandate from the board collective and hardly attended board sittings. Is this correct?

It is our belief that if the allegations contained above are true, then the two entities are not in safe hands from a good Corporate Governance perspective. We will await your response or clarity hereon but until then we will give the honourable Governor and board Chairman the benefit of doubt. In the interest of our country’s economy and the security of our currency we hope that these allegations can be convincingly refuted.

Issued by Jabu Khuluse of the Justice for all Forum http://www.justiceforallforum.co.zaFighting for economic, social and judicial redress is our forte

 

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