BY Phumlani Saul
Fired Umhlobo Wenene FM presenter Reverend Mzukisi Faleni has taken legal steps in a bid to compel the SABC to reinstate him as the host of popular faith programmes Ukholo Nengqiqo and Imvuselelo, which aired on Sundays.
The public broadcaster announced last month that it had parted ways with the renowned man of the cloth after internal processes found him guilty of a conflict of interest due to his role as a contributor at Western Cape-based local radio station Zibonele FM.
However, Faleni stated in his court papers, which were filed at the Johannesburg High Court on August 10, that singer and business manager Loyiso Bala erred in terminating his contract, as Zibonele FM is not in direct competition with the SABC.It is evident that the respondents [the SABC and Bala] believed that even if I had breached my contract, it was a breach that could be remedied. However, I was not afforded the opportunity to remedy any breach. It is worth noting that the respondents had ample opportunity before I appeared as a contributor at Zibonele FM to alert me to any potential breach and afford me the chance to remedy it,” the papers read.
He added that programme manager Masixole Mdingane could also have alerted him to the breach when he told him about his role at the community station.According to social media posts, Faleni was scheduled to appear as a co-host on a programme titled Yiza Siqiqe on Zibonele FM in June.
“The agreement was not breached by me in any way. On the contrary, it is the first respondent [SABC] which has breached the agreement and I have elected to enforce it,” read Faleni’s court papers.
He added that he had been a host at Umhlobo Wenene for 21 years and the termination of his services had harmed his reputation within the religious society.My work as a preacher, teacher and religious leader is greatly built on my reputation and personal brand equity.
“Due to the mere fact that I have been summarily pulled off the air, without as much as a notice, the 2 million listeners of my show are suspicious that I have committed some wrongdoing.
He stated: He added that the “unlawful” termination of his position had also harmed his alternative streams of income, since event organisers no longer found him credible enough to speak at their shows and in organisations.
The opportunities he had lost because of being pulled off the airwaves, he stated, could not be quantified, even if the court found in his favour.
He asked the court to interdict the SABC from finding a replacement for him while the legal processes were still pending.Last month, the EFF in the Eastern Cape embarked on a march to the public broadcaster’s offices in Gqeberha to demand Faleni’s reinstatement.
EFF provincial leader Mkhululi Bosman said the party would do everything in its power to ensure that Faleni was reinstated.
“I don’t know how the SABC has the guts to say it’s fired him. How can you fire someone with whom you have a one-year contract every year? This guy isn’t permanently employed, hence he’s also employed somewhere else.
“I don’t know what they’re talking about in terms of a breach of contract, when they have so many breaches of labour practices in whatever they do,” he said.
SABC group executive of corporate affairs and marketing Gugu Ntuli said the public broadcaster could not comment on pending court matters:
Daily Kasi News 