INLSA
David Bullard. Photo: Paballo Thekiso
Criminal charges have been laid against Sunday Times editor-in-chief Mondli Makhanya by controversial columnist David Bullard.
The columnist instituted a case of wrongful dismissal in 2010 against Avusa.
Charges of fraud, forgery and uttering and attempted obstruction of justice against Makhanya were laid at the Parkview police station on Wednesday.
This follows the editor’s statement during the case about Bullard’s dismissal following a column on colonial Africa, in which he was accused of being racist.
In February 2010, during a hearing for wrongful dismissal brought by Bullard against Avusa, before the statutory council for the Newspaper, Printing and Packaging Industry, Makhanya asked for permission to introduce a new document as evidence after one of the lunch recesses.
“Although this was a bit irregular, we agreed. It purported to be Fred Khumalo’s (another Sunday Times columnist at the time) contract and the purpose of introducing it was to demonstrate that my contract was different and that, therefore, I couldn’t have been an employee of the company and thus the case would be dismissed. My attorney, Ari Soldatos noticed that the contract was on Avusa notepaper and dated July 21, 2004. But, Avusa had only started trading in 2008 which made it impossible for this to be a genuine document.
“Our suspicion was that it had been cobbled together during the lunch recess with the sole purpose of misleading the commissioner hearing the case,” he said.
The case then had to be reheard on September 1, the same year, at extra expense.
“Makhanya was called as our witness and claimed that he had ‘sought answers to the highest level’ as to how this document came into existence, but had received no answers.
“He claimed it was what the HR department had given him but conceded that no disciplinary action had been taken.
“On re-examination by his own lawyer, he claimed that Fred Khumalo had looked for the original contract, but could not find it.
“He had apparently had the builders in and the implication was that they had stolen it – for what commercial gain we are unsure,” said Bullard.
Both Khumalo and Makhanya have signed sworn affidavits in front of a commissioner of oaths that the document is genuine, said Bullard.
“Unless they didn’t know the name of their employer in 2004, this is highly improbable. The purpose of the fraudulent document was to affect the outcome of my case against Avusa for wrongful dismissal.
“In our opinion, the case is clear cut… if Makhanya signed an affidavit claiming that a document he knew to be fraudulent was genuine, then he has broken the law.
“Further charges of perjury may result from an investigation,” he said.
Bullard says his dismissal, which was done over the telephone, did not damage his career.
The Human Rights Commission, to which the matter was reported, also did not investigate the matter saying it was considered freedom of speech.
“This unfair dismissal case is not about the money – it is principle. I have already spent a lot of money on legal fees. If I win, I will donate it to charity,” he said.
In a separate matter, Bullard is also involved in a spat with Primedia’s Katy Katopodis.
He alleges that journalist Mandy Weiner interviewed him in 2010 about the fraudulent document and was about to air the story when it was spiked by Katopodis.
Following that, Bullard allegedly made defamatory statements about Katopodis on Twitter and Facebook, referring to her, amongst others, as “dishonest, a disgrace for covering up criminal activity, a scumbag”. In one comment on Twitter, he says that “being followed by Katopodis on Twitter is akin to be infested by lice”.
Primedia has now threatened to sue him for defamation, a move which Bullard says he welcomes and invites.
Katopodis said she did not want to comment on the matter.
The Star contacted Makhanya this morning for comment and said he preferred not to speak and referred the matter to Avusa’s acting CEO Andrew Gill who could not be reached at the time of going to press.
Bullard opens fraud case against Times chief Makhanya
adamant: David Bullard has laid criminal charges against the Sunday Times’ Mondli Makhanya. – The Star
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Sunday Times boss faces fraud charges