Eskom’s disciplinary process into suspended executive Matshela Koko got off to a rough start on Monday, with the chairman arriving unprepared and unable to proceed with the hearing in question. Advocate Mzungulu Mthombeni only had a notebook and pen with him, explaining that he had only been appointed on Friday and was furnished with neither a charge sheet nor the case files. Mthombeni was also quick to concede that he did not know what the terms of reference of the case were. The hearing got stuck on the first point of argument, necessitating an adjournment. Koko’s legal representatives raised the issue of Mthombeni’s status as an independent chairman. They wanted the chairman to clarify which of Eskom’s disciplinary processes would be employed to conduct the hearing — whether it was a disciplinary inquiry or a disciplinary hearing. A disciplinary inquiry procedure is an inquisitorial process that could be conducted by the manager or supervisor of the employee in question. For this...

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