Advocate Dali Mpofu argued on Thursday that Peter Moyo was fired by Old Mutual for whistleblowing.
Mpofu and Advocate Tembeka Ngcukaitobi were representing Moyo at the Johannesburg High Court on Thursday.
The insurer fired Moyo citing a conflict of interest over payment of dividends by his company NMT Capital even though Old Mutual, also a shareholder in the company, wasn’t paid.
Moyo wanted to be reinstated to his position and the court to interdict Old Mutual from appointing a new CEO, and to declare the insurer’s board delinquent.
Mpofu argued that the Protected Disclosures Act was crafted to ensure that whistleblowers are protected. He said it had also been amended to ensure that no employer can victimise an employee for whistleblowing.
Moyo said he tried to have matters, including board chair Trevor Manuel’s triple conflict of interest as well as his payment of legal fees, addressed. Moyo claimed he was targeted for raising issues including the conflict of interest involving Manuel as board chairman.
And because of this, Mpofu said the law put the burden on Old Mutual to prove that this was not the reason for Moyo’s dismissal.
Moyo was the applicant, the respondents were Old Mutual Limited, Old Mutual Assurance, non-executive directors of Old Mutual Limited, Manuel and NMT Capital.
Advocate Ngwako Maenetje was yet to argue his case for Old Mutual before Judge Brian Mashilo.
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