By Lehlohonolo Lehana.
The North Gauteng High Court in Pretoria has dismissed Absa’s application to block Sipho Pityana from accessing the record of decision regarding his dismissal from the board.
In the judgment, delivered on 10 May the court noted that Absa claimed the record is “confidential or privileged.” However, the bank still failed to make a case, the court found.
This dismissal paves the way for Pityana to approach the court to compel Absa to hand over relevant documents.
Pityana was accused of sexual harassment against an employee while he was serving a chairman of AngloGold Ashanti – a charge he has steadfastly denied.
In a statement issued after the judgment, Pityana says despite two public officers of the bank – one of them being Lucas-Bull – agreeing to release the missing records, Absa decided to embark on the costly route of denying him access through the courts.
“This behaviour begs the question: what is it that Absa has to hide that warrants it going to such lengths to avoid public scrutiny through our courts if it believes its decision was founded in law and in the best interests of the company?” says the statement.
“Absa is a public listed company whose shareholders include an array of investors, from ordinary workers whose pension contributions are invested on their behalf by asset managers to ordinary unemployed poor citizens whose funeral policy insurance is invested or banked with the company, to high net worth individuals and institutional investors.
“We are looking forward to proceeding with the review application to allow the full ventilation of the matter and the scrutiny of the conduct of Ms Lucas-Bull and her board in this regard,” says Pityana.
Absa Group says it is considering the 10 May judgment of the Pretoria High Court relating to the applicability of Rule 53.
“Absa will take a position on an appropriate way forward in due course,” it says.
Pityana is now awaiting a ruling on his application for the minutes regarding the appointment of the chairperson of the Absa board.