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Unless it decides to challenge the order, the SABC will pay the price for ignoring state security advice of a “security risk” when it appointed a candidate to the position of provincial news editor in Limpopo.
In its arbitration award the Council for Conciliation, Mediation and Arbitration (CCMA) noted the negative assessment of the candidate, Jubie Matlou, who is now the incumbent in the position and expressed its “view that he should not have been appointed”.
“The way the SABC dealt with his appointment gives the impression that the position was reserved for him regardless,” the CCMA said.
Concerning a request brought before it by two candidates, Rudzani Bologo and Sam Mochichila, who felt overlooked by the SABC in favour of Matlou, the CCMA found that the public broadcaster “committed an unfair labour practice by failing to appoint one of the two applicants and by appointing Matlou although he did not qualify”.
The pair had approached the CCMA to intervene after their grievance received no attention. They felt they were qualified for the position, believed they scored higher than Matlou, contended he was unqualified for the position and that he had a civil judgment against him.
City Press has seen the December 4 2017 pre-employment screening letter from State Security reporting that Matlou had a “negative credit record” and adding that “it should be noted the inability of a person to manage his/her finances could pose a security risk”.
Among points of argument was the delay in finalising the appointment after Bologo and Mochichila were interviewed with two others. They were later invited to be interviewed again after the post was advertised externally.
City Press has seen an October 19 2017 letter by news and current affairs HR manager Mannie Alho to group executive for news Kenneth Makatees explaining the delay, saying the “panel had felt that it would be beneficial to explore the external labour market before making recommendations on the most suitable candidate. Some of the reasons for that decision were complications that had arisen due to both external and internal political interference and also the panel’s view that the internal candidates lacked equal experience and skills for both TV and radio news production and broadcasting,” the letter stated.
The SABC did not respond to questions by City Press seeking clarity on the “external and internal political interference” referred to in the letter.
Meanwhile, the CCMA in its ruling noted that Mochichila and Bologo had worked for the SABC “for a number of years”.
The pair argued that it was the policy of the SABC that positions such as provincial news editor should be advertised internally and only when a suitable candidate was not found, then the SABC could advertise it externally.
They also argued that the “conduct of the SABC therefore amounts to a failure to promote since the position is a higher position”.
Matlou had, according to a CCMA document, explained that he was in possession of a degree in communication but argued that it included journalism which was a requirement for the position.
According to the CCMA, the SABC said there was “nothing that prevented it to appoint Matlou” and that it was of the “view that it followed its own policy and procedure”.
Bologo and Mochichila had asked the CCMA to order that the “process be started all over again, alternatively that either of them be appointed in the position or be compensated”.
The CCMA had decided on compensation in its March 21 award on the matter. Commissioner Piet Shai ordered that the SABC pay both Mochichila and Bologo compensation to the “sum equivalent to [Matlou’s] 10 months’ wages calculated at Matlou’s rate at the time of his appointment” to be paid by April 30.
When called for comment in relation to the CCMA arbitration award, Matlou said: “You cannot get it from me. It [the award] is not about me ... get it from the SABC.”
In response to questions on the CCMA award and seeking the public broadcaster’s reaction to it as well as further circumstances surrounding the matter, the SABC’s spokesperson, Vuyo Mthembu, said they were “currently perusing the award and a decision on the way forward will be taken within the prescribed time period”.
“The SABC will not engage on the content of the matter while it is still considering its options,” Mthembu said.
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