24 Oct 2014
The suspended e.tv boss Marcel Golding turned to court to have his suspension as chairperson of Hosken
Consolidated Investments overturned. The judge will rule on Monday.
(Pic: Matthew le Cordeur)
24 Oct 2014
Marcel Golding outside court
(Pic: Matthew le Cordeur)
24 Oct 2014
Marcel
Golding in court papers: Their desire to have me removed is unrelated to the
best financial interests of both Sabido and HCI shareholders and is directly
related to the pursuance of an agenda to exert greater control over news
content aired by e.tv and its related broadcasters.
24 Oct 2014
Marcel
Golding in court papers: Discussions remained constructive and amicable until
Sactwu indicated that it was not interested in any outcome where I would remain
on as the CEO of Sabido. My understanding of the situation is that Sactwu’s
stance is directly related to a desire by Sactwu to exert greater control over
news content at e.tv (and eNCA) by ensuing that a CEO less independent than me
assumes control over Sabido.
24 Oct 2014
Marcel
Golding in court papers: The essence of the separation proposals involved
creating a consortium which, through an appropriate vehicle – possibly Seardel
– would assume control of media assets (which I would run) while HCI would
assume control over all non-media assets. In this way potentially destructive
difference of opinion over future strategy and personality issues could be
avoided.
24 Oct 2014
Judge to hand down ruling at 10am on Monday.
24 Oct 2014
Marcel
Golding in court papers: I made this tender in order to indemnify Sabido
against any possible loss. I made the same tender to Remgro in two separate
meetings well before the disciplinary process was initiated. It was not an
admission of wrongdoing as I still believe the transaction was strategically
important. When I met with Sactwu general secretary Andre Kriel and president
Themba Khumalo on 12 September 2014, neither of them mentioned anything
regarding the Ellies transaction nor anything relating to breaches of corporate
governance.
24 Oct 2014
Marcel
Golding in court papers: Copelyn raised the Ellies transaction and accused me
of acting “fraudulently”. It was after this that I realised I would not get any
support for the Ellies transaction and would need to come up with some remedy
to deal with it. Subsequently, after discussion and agreement with Govender, I
decided to tender that I would pay for the shares myself and take ownership of
them.
24 Oct 2014
Pretorius says there was no "ah ha" moment for
Golding as he was fully part of the HCI discussion.
24 Oct 2014
HCI counsel Pretorius says hearing would take place at 10am on Monday
24 Oct 2014
HCI wishes
to reaffirm that it and its shareholders have always respected the editorial
independence of etv, and will continue to do so. As soon as circumstances
permit, a further press announcement will be issued by the company.
24 Oct 2014
HCI claims
the allegations now made by Marcel Golding in this regard, which emerged
following the recommendation of the HCI board’s sub-committee to refer the
matter to a disciplinary enquiry, are also regarded by HCI as “purely
opportunistic” on his part.
24 Oct 2014
HCI said
that in the fifteen years that HCI has held its significant interest in et.v,
it has never been suggested by either Marcel Golding or any other party that
HCI, or any of its shareholders has interfered, or attempted to interfere in
the editorial independence of e.tv.
24 Oct 2014
HCI says in
a statement any allegations by Marcel Golding that the institution of
disciplinary proceedings has been motivated by “ulterior, political purposes
namely, to interfere with the editorial independence of e.tv by HCI
shareholders is fallacious and is denied.
24 Oct 2014
Golding counsel: We're not dealing with an ordinary
employee. He's an executive of the holding company.
24 Oct 2014
Sactwu's Andre Kriel in an earlier interview with Fin24:
I don't
want to get into a public smearing campaign with Marcel Golding as I still have
high respect for him. I met with him and our Sactwu president Themba Khumalo
about three weeks ago to hear Marcel’s side of the story. In the
discussion there was not one incident where he mentioned any interference in
editorial content. Now it surfaces in court papers out of the blue. I am
saddened, that is all I can say.”
Full story
24 Oct 2014
Golding counsel: The question is not who are the
employers of Golding. The question is which employer on these charges as a
matter of law have the power to pursue them.
24 Oct 2014
Andre Kriel of Sactwu: I have
known Marcel for many years and it is a very sad moment in my relationship with
him. This is the first time such an accusation has been raised in our
relationship spanning three decades.
24 Oct 2014
Comment from Sactwu, which is in the centre of Golding's allegations of political interference:
We are
taken by surprise regarding allegations of editorial interference, Andre Kriel,
general secretary of the SA Clothing and Textile Workers Union told
Fin24.
Sactwu is HCI’s biggest shareholder with a 32% stake.
24 Oct 2014
Golding counsel: What does HCI want to charge Golding
with at disciplinary hearing? The charges they want are artificial.
24 Oct 2014
Marcel
Golding in court papers: The Ellies purchase of R24m involved is less than 1%
of the group’s turnover. The manner in which we have conducted business in the
past, the CEO had discretion to make investment decisions on behalf of the
company with the expectation that they would subsequently be ratified. The next
time the Ellies issue was raised with me was at a meeting between Shaik,
Govender, Copelyn and myself on Friday August 15 2014.
24 Oct 2014
Marcel
Golding in court papers: Between March 2014 and July 2014 Investec on behalf of
Sabido spent R24m to purchase Ellies shares. The day before the Sabido Board
meeting of August 7, I told Govender and Copelyn that I had acquired
approximately R24m worth of Ellies shares and it was now time to raise it at a
Sabido level given that with the drop in the share price there were more shares
available on the market.
24 Oct 2014
Golding counsel: All we are asking for is interim relief
24 Oct 2014
Marcel
Golding in court papers: From March 2014 the relationship between Copelyn and
me had become so strained there were fewer and fewer discussions between us on
any matter and, accordingly, with respect to Ellies.
24 Oct 2014
Marcel
Golding in court papers: When Sabido met with Ellies and their advisers Java
Capital in August 2013, my view was that Ellies represented a useful investment
opportunity even though their shares were overpriced at R7.40. I accordingly
waited for the share to drop to the R4 level in March 2014 and at that point
instructed Investec through a nominee account to build our holding
incrementally.
24 Oct 2014
HCI's shares down 0.83%, trading at R151.77
View the company snapshot
24 Oct 2014
Golding counsel:
In October 22 applicant puts papers together. Can hardly say he was
tardy in this respect.
24 Oct 2014
Golding counsel: How can Golding go to AGM or at hearing?
He is then warned that hearing will go ahead without him should he not be there.
24 Oct 2014
Golding counsel: This letter on October 20 for necessity
to go to court. For the first time he's told he works for HCI and irrespective
of what views he has, the disciplinary action will take place.
24 Oct 2014
Golding counsel: He sets out extensive reasons why the
proceedings can't take place the way HCI wants it to happen.
24 Oct 2014
Marcel Golding's counsel takes stand
24 Oct 2014
Pretorius: No reason why the enquiry shouldn't take place
in its proper place in due course - all these issues can can raised on Monday
and in front of the CCMA. It doesn't pass grave injustice to be heard in this
court.
24 Oct 2014
HCI counsel Pretorius resumes argument: There was inadequate notice for this
application
24 Oct 2014
Court in session again - probably the shortest break in court history
24 Oct 2014
In other broadcasting court news:
The Western Cape High Court ordered on Friday that SABC chief
operating officer Hlaudi Motsoeneng be suspended with immediate effect
with full pay.
"The board of the SA Broadcasting Corporation
Limited (SABC) shall, within 14 calendar days of the date of this order,
commence, by way of serving on him a notice of charges, disciplinary
proceedings against... Mr George Hlaudi Motsoeneng," Judge Ashton
Schippers said in his order.
"The disciplinary proceedings... shall be completed within a period of 60 calendar days after they have been commenced." He
said if the disciplinary was not completed in the allocated time the
SABC had to deliver an affidavit to the court explaining why and when it
would be completed.
Motsoeneng was entitled to five days of delivery of the affidavit by the chairperson to deliver an answering affidavit. "Pending the finalisation of the disciplinary proceedings... [Motsoeneng] shall be suspended on full pay," Schippers said. The
SABC, its board, its chairwoman Ellen Tshabalala and Communications
Minister Faith Muthambi were ordered to pay the costs of the
application. The Democratic Alliance applied for an urgent
interim interdict suspending Motsoeneng pending a review of the decision
to appoint him. In February, Public Protector Thuli Madonsela released a report on Motsoeneng, while he was acting COO.
She
found his salary increased from R1.5m to R2.4m in one year, that
he had purged senior staff, and misrepresented his matric
qualifications to the SABC. Madonsela recommended that a new COO be
appointed at the SABC within 90 days. In July, Muthambi announced
Motsoeneng's permanent appointment. She said he was cleared of all
wrongdoing by a legal firm before the decision was made.
The DA then launched a high court bid to have his appointment set aside. This was the second part of the DA's application which would be heard next year.
- Sapa
24 Oct 2014
Marcel
Golding in court papers: After the Keene-Young debacle I was in an untenable
situation and did not enjoy the support of my HCI co-founder Copelyn to deal
with Shaik’s attempts at interfering in news content. Before this event there
had been serious problems and we had already considered our options to go our
separate ways, but for me these incidents of interference in news content were
the last straw.
24 Oct 2014
Marcel
Golding in court papers: On 14 August 2014 I was sent the following SMS
“instruction” by Andre Kriel of SACTWU: “Will call you tomorrow. Violet Seboni
Memorial lecture will be on 25 August in Johannesburg, Minister Patel will
deliver the lecture. We require eTV to cover it live. Please arrange.”
24 Oct 2014
Court adjourns for short lunch break.
24 Oct 2014
Marcel
Golding in court papers: Shaik’s immediate reply was: “For you, it is an alert.
Remember last year we were under pressure from Government because it was said
we ripping off pensioners. We had to meet Pravin Gordhan as they wanted to
raise (gambling) taxes. I am alive to how negative media plays put in government.
It rapidly degenerates into self righteous crusade with government escalating
controls or taxes.”
24 Oct 2014
In other media suspensions the Western Cape High Court
ordered that SABC COO Hlaudi Motsoeneng
be suspended with immediate effect. Sapa quoted the DA as news source.
Full story
24 Oct 2014
Marcel
Golding in court papers: On 19 May 2014 I received another text message from
Shaik. This time it was about the possible mention of another HCI affiliate,
Tsogo Sun: “Maggs on Media. He will feature a story on gambling addiction. See
the story before he airs it. Watch the visuals. It would be terrible if he
features Tsogo. Check to see if it is balanced and includes activities we take
for responsible gaming.”
24 Oct 2014
HCI counsel Pretorius: The argument is one of lawfulness verses
fairness.
24 Oct 2014
HCI counsel Pretorius: This is
not about a dismissal - it's about a calling to account.