Majola is denying allegations of misconduct over bonuses he received without proper clearance and his lawyer, Pumezo David, told Business Day that the entire disciplinary process is illegitimate.
“We feel there are fundamental points that are unfair to Mr Majola in that the establishment of the Nicholson Inquiry by the minister of sport was unlawful and it’s only because of that inquiry that CSA instituted disciplinary proceedings.
“The minister exceeded his powers according to the Sports and Recreation Act. Section 13 (5) does not give him those powers, it’s limited to him referring a matter to mediation or issuing a directive. The hearing therefore emanates from an unlawful act and therefore cannot be fair or legal,” David said on Wednesday.
CSA’s lawyer, Nicholas Preston, said, however, that Majola was merely trying another ruse to cover up the dirty truth.
“He said he wanted a forum to clear his name and now he’s decided to withdraw from it! This process started close on two years ago and he has participated up till now. They’ve sat on this decision for a while and they’re only crying foul now when things are going against him,” Preston said.
Preston said Majola’s withdrawal from the disciplinary hearing would have no effect.
“The law provides for us to proceed without the accused, but the chairman of the hearing [Advocate Karel Tip] made it 100% clear to both parties that he will examine CSA’s evidence and make sure the case is heard properly even without Majola being present. His independence is unquestionable and, in fact, he tested some of our evidence most thoroughly today,” Preston said.
The CSA lawyer said he did not believe Majola’s chances of gaining relief from the Labour Court were very good.
“The Nicholson Inquiry was properly appointed even though Gerald argued against that both at the advisory award and at this hearing. Both John Myburgh [advisory hearing] and now Karel Tip have dismissed that argument,” Preston said.
David said Majola’s withdrawal certainly did not signal a throwing in of the towel by the former CEO.
“We will be laying down our challenge to the Labour Court and obviously they can review and set aside any decision made by the disciplinary hearing,” David said.