11.2.1 Many of the findings related directly to the actions of the then acting COO, and the agreed that disciplinary charges would be instituted against him. The appointment of a chairperson and an evidence leader to preside over the disciplinary hearing was done via round robin. The members of the disciplinary committee were also changed about three times before the hearing commenced. The evidence file that the Public Protector had compiled to support the disciplinary proceedings, and which the SABC had requested, was never collected from that office or referred to during the proceedings. 12 Contradictory Evidence In many instances the evidence provided by witnesses was contradictory. The Evidence Leader has been requested to analyse the contradictory testimonies, and on conclusion of this exercise, Parliament’s Legal Services Office will make appropriate recommendations. Part D: Summary of responses to the Interim Report 13. Former Board Chairpersons 13.1 Dr B Ngubane 13.1.1 In his submission, Dr Ngubane comments on the process of the inquiry, the treatment he had received as a witness as well as on specific sections of the report. 13.1.2 On the process, Dr Ngubane notes that the Committee had relied heavily on oral evidence, and that one could not ascertain whether any of the documents requested from the SABC had ever been provided. One could also not ascertain whether the Committee had taken into account any of the written evidence, including those he had submitted, in arriving at its findings. 13.1.3 Dr Ngubane also points out that none of the documents, in particular those which implicated him, were made available to him for purposes of preparing for his hearing. Although he had to answer questions related to Ms Dlamini’s affidavit, the affidavit was not made available to him. It is also not clear whether the affidavit included annexures corroborating the claims Ms Dlamini made. In Dr Ngubane’s view, the fact that documents pertaining to the inquiry had not been made available to him, pointed to a lack of transparency on the part of the Committee.
11.2.1 Many of the findings related directly to the actions of the then acting COO, and the agreed that disciplinary charges would be instituted against him. The appointment of a chairperson and an evidence leader to preside over the disciplinary hearing was done via round robin. The members of the disciplinary committee were also changed about three times before the hearing commenced. The evidence file that the Public Protector had compiled to support the disciplinary proceedings, and which the SABC had requested, was never collected from that office or referred to during the proceedings. 12 Contradictory Evidence In many instances the evidence provided by witnesses was contradictory. The Evidence Leader has been requested to analyse the contradictory testimonies, and on conclusion of this exercise, Parliament’s Legal Services Office will make appropriate recommendations. Part D: Summary of responses to the Interim Report 13. Former Board Chairpersons 13.1 Dr B Ngubane 13.1.1 In his submission, Dr Ngubane comments on the process of the inquiry, the treatment he had received as a witness as well as on specific sections of the report. 13.1.2 On the process, Dr Ngubane notes that the Committee had relied heavily on oral evidence, and that one could not ascertain whether any of the documents requested from the SABC had ever been provided. One could also not ascertain whether the Committee had taken into account any of the written evidence, including those he had submitted, in arriving at its findings. 13.1.3 Dr Ngubane also points out that none of the documents, in particular those which implicated him, were made available to him for purposes of preparing for his hearing. Although he had to answer questions related to Ms Dlamini’s affidavit, the affidavit was not made available to him. It is also not clear whether the affidavit included annexures corroborating the claims Ms Dlamini made. In Dr Ngubane’s view, the fact that documents pertaining to the inquiry had not been made available to him, pointed to a lack of transparency on the part of the Committee.