Former department of agriculture, forestry & fisheries deputy director-general Siphokazi Ndudane’s co-accused in the alleged theft of abalone worth R7m has been cleared of any wrongdoing.
Thembalethu Vico, the fisheries protection vessels director, was cleared in an internal disciplinary hearing.
In the ruling, dated January 10 2020, which the Daily Dispatch has seen, the disciplinary hearing chair, advocate Matthews Mojapelo, not only clears Vico on all 14 charges, citing a lack of evidence against him, but questions whether the abalone was stolen at all.
Former CFO Nazima Parker was fired in April 2019 for the alleged theft of the abalone from Daff facilities in Gansbaai, Western Cape, on January 8 2018.
Ndudane and Parker confirmed on Monday they would use the Vico ruling in challenging their dismissals.
Vico said he had been vindicated by the ruling.
“I am glad that the truth prevailed as I always believed that what was happening was an abuse of power since there never was a case against me.
“Unfortunately, for reasons unknown to me, the mighty powers used taxpayers’ money to bully employees who have to use their own limited resources to defend themselves. A legally experienced lawyer was hired to prosecute the non-existent case against me,” he said.
Mojapelo's ruling details how three boxes, which contained three tons of abalone valued at R7m, was handed to the police for a sting operation in 2018. It was later returned to the department.
Mojapelo notes: “Upon the return of the abalone it is alleged that it was found to be of poor quality and there were allegations that it was not the same abalone that had initially been issued to the police.”
In dismissing the theft charge Mojapelo says the department had dismally failed to prove Vico had stolen the abalone.
“The employer contends that the abalone that was returned was not the original abalone that left the store, but there is no direct evidence comparing the two.
“There is an admission by an employer’s witness, Mr Laeeq Aspeling, that there are various factors which can expedite the rot of abalone. Therefore there is a possibility that the police into whose custody the abalone was released, might have not handled it properly and as a result expedited the rot.
“That can hardly amount to theft, especially by a person who was not in direct control of the abalone after it was received by the police,” he found.
Ndudane’s future hangs in the balance as her appointment as the Eastern Cape rural development & agrarian reform HoD is still the subject of contention.
Just days after being announced as the new HoD by premier Oscar Mabuyane in December, Daff announced that Ndudane had been found guilty and fired for allegedly stealing the abalone. She is challenging the department.
Ndudane told the Dispatch she was a victim of director-general Mike Mlengana, who targeted her in a smear campaign to get rid of her.
“How the DG at Daff still decided on charging us is abuse of power, especially on a charge of a non-existent theft — [it was] a diversion that sought to protect the real culprits. Surprisingly, none of the SAPS members who were in possession of the abalone were called, nor have they been questioned,” she said.
The case against them was a classic case of a waste of taxpayers’ money, she said, and questioned how much the department had spent in legal fees on the matter in two years.
“Of course, this outcome strengthens my case. I was charged for the same offence. It vindicates me, more especially that unlike Parker and me, Vico’s hearing was conducted in his presence.
“It is then obvious that had my hearing and Parker’s been fair, the outcome would have been the same [as Vico’s],” she said, adding that her legal challenge against the department was ongoing.
“I will also sue them for damaging my name and reputation.”
Parker said: “I am definitely going to use this ruling. I think my lawyer has filed papers with the court already.”
Mlengana said: “I have been on leave and have not seen the judgment. Maybe you can call again tomorrow.”
Rural development national spokesperson Reggie Ngcobo had not responded to questions sent to him by print deadline. His phone rang unanswered.
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