Mabhena judgment clarified


High Court judge Justice Lawrence Kamocha has ordered PG Industries to reinstate its former marketing director Nkululeko Mabhena 12 years after he was sacked, but dismissed his $53 million claims for backpay.

Justice Kamocha’s ruling delivered on February 17 was the culmination of a drawn-out legal battle between the former Highlanders Football Club secretary and PG.

Although ordering that Mabhena be reinstated to his post of marketing director, the judge ruled that his claims for a backdated salary, medical bills and education allowances were excessive.

“He claimed to have earned these amounts from 1 June 2000 to 28 February 2009,” reads part of the judgment seen by NewsDay.

“These amounts would have made him the best-paid executive in this country under the present economic environment.

“He does not end there, but claims to have earned further amounts of $2 657 240 (net),
60 000 rand from February 2009 to 31 October 2009 – a period of eight months.

“I reiterate that this would be the best-paying job in this country under the current economic environment,” Justice Kamocha said.

NewsDay yesterday had erroneously reported that Mabhena had been awarded the $53 million claim.

The respondents, PG, PG Zimbabwe Products and the PG group chief executive officer were ordered to pay the court costs.