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SUMMARY OF MR THOMO’S DISCIPLINARY PROCEEDINGS

SUMMARY OF MR THOMO’S DISCIPLINARY PROCEEDINGS. BACKGROUND. CHARGES Relates to: his failure advise members of the Board of Armscor of a Parliamentary Portfolio Committee held in October 2009. His conduct caused an embarrassment to the Board.

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SUMMARY OF MR THOMO’S DISCIPLINARY PROCEEDINGS

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  1. SUMMARY OF MR THOMO’S DISCIPLINARY PROCEEDINGS Confidential

  2. BACKGROUND CHARGES Relates to: • his failure advise members of the Board of Armscor of a Parliamentary Portfolio Committee held in October 2009. His conduct caused an embarrassment to the Board. • communication of inaccurate figures to an amount of R47 billion in relation to the escalation costs associated with delays in delivering of A400M. This caused sever embarrassment to the Board and the South African government. • his late arrival by about one (1) hour for a Parliamentary Portfolio Committee meeting on 11 November 2009. Confidential

  3. BACKGROUND (cont.) CHARGES Relates to: 4. his failure to carry out strategic objectives of Armscor as agreed in February 2009. 5. his failure to attend to grievances raised by Senior Management and also misleading the Board into believing that the matter was resolved. 6. him entering into negotiations with a supplier (Agusta Westland) with an aim of possibly waving contractual penalties to a tune of about R90 million without the Board’s knowledge / approval. Confidential

  4. PROCESS • Suspended : 18 Nov 2009 • Notified to attend Disciplinary Hearing : 10 Dec 2009 • Disciplinary hearing conducted : 14 to 15 Dec 2009 • Disciplinary Hearing Chairperson : Adv Nazier Cassim ( SC) • Armscor legal representatives : Deneys Reitz • Services terminated without notice : 7 Jan 2010 Confidential

  5. APPEAL • Appealed against termination – 11 Jan 2010 • Reasons for appeal : • Procedural : Chairperson was biased ( chairperson did not communicate his decision directly to him) • Substance : Penalty too harsh • Armscor responded to Mr Thomo’s appeal – 18 Jan 2010 • The decision to terminate was taken by the highest body at Armscor • Advised to refer the matter externally if he so wishes • Mr Thomo referred his dispute to the CCMA for conciliation on the 29 Jan 2010 • To this end Armscor has not received any communication from the CCMA Confidential

  6. MR THOMO’S PAYMENT AT TERMINATION ( 7 Jan 2010) Confidential

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