WeeklySA_AdminTWIST: Soweto community broadcaster Jozi FM has dismissed CEO Hector Mpho “Njomane” Mhlongo following disciplinary proceedings, opening another dramatic chapter….
By WSAM Reporter
The turmoil engulfing Jozi FM has taken another dramatic turn following the dismissal of its chief executive officer, Hector Mpho “Njomane” Mhlongo, after disciplinary proceedings in which he was found guilty of three counts of misconduct.
The board of the Soweto Media Resource Centre (SMRC), which trades as Jozi FM, announced on Thursday that it had resolved to terminate Mhlongo’s contract with immediate effect.
In a brief media statement dated October 2, the board said Collen Hans would continue serving as interim acting CEO and pledged that the popular Soweto-based community station remained committed to complying with Independent Communications Authority of South Africa (ICASA) regulations and serving its community “with integrity”.
Mhlongo could not be reached for comment and messages to contact Weekly SA Mirror was left his phone. A separate dismissal letter addressed to Mhlongo apparently provides considerably more detail about the circumstances behind his departure, according to sources.
According to the sources, disciplinary chairperson Itumeleng Papo found Mhlongo guilty on charges including “wilful non-compliance with a suspension instruction, intentional misrepresentation, and knowing and deliberate failure to comply with cooperation obligations contained in applicable ICASA/BCU terms of reference”.
A fourth charge was not separately determined because it had been pleaded as an alternative and arose from “the same underlying conduct”.
The dismissal represents a significant escalation in the controversies that have surrounded Jozi FM’s leadership and governance in recent months.
Trust relationship ‘intolerable’
According to the sources, the disciplinary chairperson considered the seriousness of the alleged misconduct, Mhlongo’s position as CEO, what was described as its deliberate nature, the station’s human resources policy and its effect on the relationship of trust and authority.
The possibility of progressive discipline and sanctions short of dismissal was also considered.
Ultimately it was concluded that the alleged misconduct was sufficiently serious to make continuation of Mhlongo’s employment as CEO “intolerable” and that dismissal was an appropriate and proportionate sanction.
Under Jozi FM’s human resources policy, however, the disciplinary chairperson could only recommend dismissal, with the final decision requiring approval by the board. The board subsequently considered the recommendation and resolved to dismiss Mhlongo, according to the sources.
Significantly, the dismissal letter stresses that Mhlongo was not fired because he challenged his suspension, obtained legal advice or did not attend the disciplinary hearing, according to the sources.
Instead, the board apparently held that his dismissal resulted from “misconduct established through the disciplinary process and the sanction subsequently imposed under the station’s disciplinary framework”.
Mhlongo has been instructed to return all Jozi FM property in his possession, including documents, electronic equipment, access devices, keys, passwords and credentials, and to cooperate with arrangements for an orderly handover, according to sources.He has also apparently been informed of his right to appeal the decision in accordance with the station’s human resources policy.
Latest twist
Mhlongo’s departure comes against the backdrop of a protracted battle over control of the community broadcaster.
In July, the Gauteng High Court intervened in a dispute involving competing claims to authority over SMRC, granting interim relief that prevented a group of respondents from holding themselves out as duly appointed directors or exercising the powers of the station’s board pending determination of the substantive dispute.
The court placed the organisation’s governance temporarily under an interim structure and ordered that an annual general meeting be convened within 60 days. The dispute subsequently took another turn when board member Thulani Mhlongo, through his attorneys, demanded R150 000 from Jozi FM over a media statement which he claimed had falsely portrayed him as a person facing multiple rape allegations.
The latest dismissal therefore extends a turbulent period during which disputes over governance, individual reputations and executive authority have increasingly moved from the station’s boardroom into lawyers’ offices and the courts.
What comes next
Mhlongo’s dismissal potentially changes the dynamics at the station because the CEO occupies a crucial operational position between the broadcaster’s board, employees and regulatory obligations.
For now, Hans remains at the helm in an acting capacity. The board says Jozi FM remains committed to ICASA compliance and serving Soweto, but the dismissal is unlikely by itself to end the wider governance controversy surrounding the station.
Mhlongo has apparently been informed that he retains an internal right of appeal. It was not immediately clear whether he intends exercising that right or challenging his dismissal through other legal channels.
The findings and reasons for dismissal reported here therefore represent the position of the disciplinary chairperson and SMRC board, rather than independently adjudicated findings by a court.
