Johannesburg – Friday, 28 January 2022 – Following the SABC’s breach of the South Gauteng High Court Order dated 14 September 2021, the Corporation instituted disciplinary proceedings, in line with its Disciplinary Code, against Ms Magopeni for her alleged role in the regrettable incident.
An open and transparent disciplinary hearing chaired by Advocate Nazeer Cassim SC was held in public on 17, 20 and 21 December 2021. Ms Magopeni was found guilty of misconduct for failure to take appropriate measures to ensure that the Court Order was complied with.
Advocate Cassim SC dealt with the issue of sanction as follows: he recommended that Ms Magopeni be given a sanction of a warning. However, if Ms Magopeni made common cause with the remarks as set out in the heads of argument submitted on her behalf, the SABC should, in its discretion and decision-making power, adopt a sanction which is consistent with that of a breakdown in the trust relationship between employer and employee.
In this regard, Advocate Cassim SC gave the parties sufficient guidelines to deal with the issue of sanction, without further resort to himself.
Ms Magopeni was afforded an opportunity to submit mitigating factors and to address aggravating factors identified by the SABC, in line with the rule of natural justice and the audi alteram partem principle.
After several requests for extensions, instead of taking up the opportunity to submit her mitigating factors and distance herself from the remarks in, amongst other things, the heads of argument submitted on her behalf, she elected not to submit her mitigating factors. Thus, she waived her right to do so.
In the absence Ms Magopeni’s mitigating factors, the SABC concluded that there is a breakdown in the trust relationship between her and the SABC.
Consequently, Ms Magopeni’s services have been terminated with immediate effect and she has been informed accordingly.
Issued By: Group Communications
Media Enquiries: Ms. Gugu Ntuli (Group Executive: Corporate Affairs and Marketing) NtuliGM@sabc.co.za|T. 011 714 3311|C. 071 877 0513