Tsengwa lawyer promises to lift veil on “rogue” Exxaro

Nombasa Tsengwa

THE lawyer for suspended Exxaro Resources CEO Nombasa Tsengwa promised to “expose an agenda” waged against his client and the company’s board, led by chair Geoffrey Qhena.

Eddie Claasen told Business Times on Sunday an independent investigation by law firm ENS amounted to a witch hunt. “She (Tsengwa) has little confidence in the objectivity of the investigation, which ENS, who also act as Exxaro’s attorneys, are presently conducting. That too shall be revealed in the fullness of time,” said Classen.

Classen was commenting following a North Gauteng High Court hearing where Tsengwa sought to have the suspension lifted. It was argued Exxaro’s constitution and its memorandum of incorporation made no provision for the suspension of a CEO.

“It’s black or white, and no grey; either they have the power, or they do not have the power. Exxaro does not have the power to suspend its CEO. It did something it is not entitled to do,” said Claasen.

Claasen also described the Exxaro board as “… rogue … and a rogue chair who stops the appointed CEO, an organ who is trusted by the constitution to run the company, from doing the job”.

Tsengwa was placed on precautionary suspension pending the outcome of an independent investigation into allegations related to workplace conduct and governance issues, said Business Times which first reported on the matter.

Several former Exxaro employees accused Tsengwa of having instilled a culture of fear at the company. At the time of her suspension, nine top executives had either quit in frustration, been fired or placed on suspension.

One of the executives who resigned told Business Times that working under Tsengwa as “the most horrifying time of my career at Exxaro”.

Following her suspension, the board appointed Sandton-based based law firm ENS Africa to conduct an independent investigation into the allegations.

Said Exxaro: “The board has taken independent legal advice on this matter and stands by its decision to suspend the CEO to allow for an independent investigation to be properly conducted. This process has been handled transparently, fairly, and legally; and Dr Tsengwa has been engaged throughout this process. The board was duly constituted and unanimously decided to suspend the CEO.”