Last-minute lifeline for Theledi

By Martin Czernowalow for USAASA

Johannesburg, 27 Feb 2009

The dispute between the Universal Service and Access Agency of SA (USAASA) and its CEO, James Theledi, may finally reach a conclusion.

Both parties have agreed to negotiate a potentially more dignified exit for the man embroiled in a sexual scandal.

Sources close to the agency say Theledi, who was recently found guilty of sexually harassing a female colleague and was facing dismissal, grabbed a last-minute lifeline and approached USAASA to discuss the possibility of resigning.

The eleventh-hour reprieve came this morning as USAASA was preparing to issue a formal announcement of Theledi's dismissal, after its board yesterday agreed to accept the recommendations of the chairperson of the disciplinary inquiry, advocate Nokukhanya Jele.

When asked whether he would negotiate the possibility of resigning, Theledi responded: “Possibly.”

On hold

USAASA sources have also confirmed the agency would hold off any formal announcement about Theledi's fate until Monday, when the negotiations have been concluded.

Reinstating Mr Theledi would, in my view, be impracticable given the nature of the defence he chose and his continued stance that the sexual harassment he has been found guilty of is not so serious.
Nokukhanya Jele, chairperson, disciplinary inquiry

The board brought charges against Theledi in September, after a colleague accused him of sexual harassment during the annual Presidential International Advisory Council on Information Society and Development, held in Limpopo.

Theledi was accused of making sexually suggestive comments to a female colleague, in the presence of USAASA stakeholders - identified as several well-known ICT players - at a Hoedspruit hotel.

Shortly after the incident, Theledi was suspended and escorted from USAASA's premises. His disciplinary hearing commenced in late October and was adjourned in November, before recommencing last month.

Conspiracy theory

On Wednesday, Jele filed her recommendations, rejecting a submission from Theledi's legal representative that a reprimand from the board and final written warning would have been an appropriate sanction.

Much of Theledi's defence centred on downplaying the sexual harassment charges, describing his actions as “just a joke” and saying his state of intoxication on the night of the incident should be viewed as a mitigating circumstance.

He also made allegations that USAASA chairperson Cassandra Gabriel and the victim in the sexual harassment case - a senior USAASA manager, who asked not to be identified - conspired against him, by spying on him to oust him from the position of CEO.

However, in her recommendations, Jele stated: “The choice of Mr Theledi to accuse the chairperson of the board of ordering his subordinate to spy on him and seeking to oust him from his position as CEO must, in my view, count against his continued employment at USAASA.”

Jele also found that, having been found guilty of sexual harassment, the USAASA board's respect and confidence in Theledi “can only be diminished as a result”.

Furthermore, Jele stated: “Reinstating Mr Theledi would, in my view, be impracticable given the nature of the defence he chose and his continued stance that the sexual harassment he has been found guilty of is not so serious.”

No more appeal

Sources earlier indicated Theledi would most likely appeal the sanction. In a letter written by Theledi to USAASA's HR and remuneration subcommittee (a copy of which is in ITWeb's possession), he accuses the agency of conducting a procedurally flawed disciplinary process.

He also claims large parts of the hearing were conducted unfairly and that evidence supporting his version of events had been ignored.

However, in light of this morning's announcement that Theledi is likely seeking an agreement to resign means the appeal will probably be abandoned.

The female manager, at the centre of the case, left USAASA earlier this month. She stated she would no longer be active in the ICT industry and that she was happy to put the incident behind her and move on.