FOR FACT'S SAKE

I did a Google search on myself the other day and I must tell you, not only did I feel sad, I felt disappointed in always choosing to be silent and hoping that ‘the truth will reveal itself’ someday. I am actually tired of that pacifist attitude, especially after the unfortunate developments with my last radio assignment.  I feel that, after a year, emotions have cooled down and after a lot of thinking and discovering, I can finally tell my side of the story without being defensive. Everything I will reveal can be proven in black and white. Here we go.

It was not possible for me to talk freely when allegations about me surfaced because I was of the view that I was bound by a non-disclosure agreement , and even though I was being tarnished, I still wanted to be a gentleman like I have been in the past. I will not change who I am but people who supported and prayed with and for me deserve to know the truth.

 

Background

Last September (2022), I received communication from SARS that I owed them money, over R149 000. Initially I thought it must be a huge mistake and I admit to ignoring follow up communication until it was too late. On enquiry, I was told that ‘the money was for pay-as-you-earn’ which I had neglected to pay over to the receiver. I told them I had a binding contract with a radio station which required them to pay over any of my tax deductions to SARS. After one of my shows, I met up with the HR lady, reported my predicament and she assured me that she would look into it but that as far as she was concerned, all was in order.

A few days after my tax enquiry, I was slapped with a grievance. A producer on the show was alleging ill treatment of some sort against all three men on the show, me included. We had been experiencing difficulties as a team. The traffic guy has threatened to beat up the sports guy and I had come in to try defusing the situation. The only lady in the team of 4 also had problems with the traffic guy and she had been alleging that the traffic guy was aggressive towards her and so forth. When the charges landed, I took them to be part of this ongoing wrangling between team members and I thought it could all be sorted out, until I read the charge sheet and saw that, one of the allegations against me, had a sexual tone and was a complete fabrication compared to the other two charges which could be just pure misunderstanding.

Charges and subsequent suspension.

We went to the grievance hearing and I insisted that the matter be set down for a disciplinary. I had sound reasons for that. It has been my experience that, if any matter that involves anything sexual in the workplace is resolved by any other form, the party making the allegation can always come back and revive it as a bargaining tool. It is important that when anyone makes such an allegation, that it is investigated quickly, privately and with dignity for everyone concerned. Besides, this allegation was not plausible and just simply untrue.

In brief, my accuser was alleging that, on her first day at work six months earlier, the first time I ever spoke to her, without knowing anything about her, I gave her social advice which amounts to sexual harassment. Now, my nature on and off radio is that, I don’t give advice on anything because I am not an expert. Also the type of advice I was accused of giving, is not plausible because of the type of life I lead in Rustenburg. I am a family man and I am always surrounded by next of kin.

There were three (3) charges and after I insisted on a disciplinary, which seems to have irked management, I was summarily suspended, without pay, for ‘further investigation’. It did not matter to the station that, I had worked with this person for six (6) months after the alleged incident and we had been cordial. I was put on hold and my accuser remained with the two other guys she was also alleging impropriety about and the station accepted that.

 

The Press and the Hearing.

While on suspension, I was contacted by a journalist who wanted my response to a series of questions which arose from a series of social media posts by a former colleague. I asked for the questions to be sent to me by email because I felt safer with written communication. He wanted me to confirm the existence of a work related story and my contract prohibited me from making media comments and I wanted to be sensitive to the person making these allegations against me by keeping the matter private at least until it was concluded.  When the journalist sent me their questions, I duly forwarded them to management and I was ensured that they would deal with that aspect of the matter.

Shortly after that communication with management, I was informed of the hearing date and venue and that charges against me had been increased from three (3) to six (6). I was born on the 20^th of October and the hearing was set very close to my birthday. I thought, what a perfect way to show me a middle finger. The additional chargers added after ‘further investigations’ was actually one (1) charge in three (3) parts. More about this later.

 

I showed up alone for my hearing and did not call any witnesses. The sports guy on the show, the same guy I stood up for when he was threatened, was a witness for the other side.My submission was written and accompanied by solid evidence in black and white. The hearing was convened by an independent entity. The chairperson, a white woman arrived with an assistant while the station was represented by a two person legal team. The complainant was their witness and I cut a lone figure with my 15 pages or so submission. I had no money and had spent the previous month shielding my 14 year old daughter from social media as she was writing cycle tests at the time.

 

My first submission was regarding my tax issues and how that constitutes to a breach of the very same contract they were using to prosecute me for a charge on which there was no specific policy. The station had been visited by Commission on Gender Equality and we were told that a sexual harassment policy would be drawn, and by then, nothing of the sort was done. Their legal team was insistent on continuing with the hearing and was dismissive of my tax issue and the implications thereof. 

 

Thereafter, the complainant led by the legal team, took one (1) hour on the first main charge (I had timed her) and in the process, they deviated completely from the statement I am alleged to have made. (She had a verbatim recollection of what I said 6 months when we first met and it was in the charge sheet). It moved from me having said something in English originally and now in the hearing the allegation was that I said something in Setswana and she doesn’t understand Setswana. I did not ask any question, I was just annoyed and hurt that, the details of the lie were changing so drastically that their original version lost even the one stitch of truth it had, and that is, she was introduced to the team when she arrived.

 

Before the hearing started, and after raising my tax issue and how the strain of not having any money had impacted my family and my preparation for the hearing, I had requested to read my submission and leave. Their legal team was against my request because they felt my written testimony could not be challenged in my absence.  After listening to the lengthy submission on one charge, it dawned on me that, perhaps the strategy was to exhaust me into some form of submission. I then repeated my request to hand over my written submission and allow the chairperson to reach a decision without me cross examining their witnesses.  The chairperson asked for a short break and on return, she asked me again on the record that I wanted to be excused and forfeit my right to cross examine witnesses, to which I softly nodded. She was also soft spoken but firm. I was then notified that I would be required to sign a document confirming that I would accept the outcome of the hearing, to which again I softly agreed. I signed the document and was granted permission to leave. The newspapers had a different version though, that I insulted the chairperson and stormed out the hearing. That is simply not true and there are records to prove that.

 

I left the building with a full understanding that I was being purged with a bunch of lies. My submission, a copy of which I still have, has all the proof in as far as the type of working relationship I had with the complainant, including standing up for her against the aggressive traffic guy and also trying to help her get a show on the station when they were looking for new talent. We had creative differences and these centered on the heavy influence of PR agency content on the show without considering major local stories. Was I rude, loud or bossy? Not me. We had travelled together many times and had a basic and cordial relationship. In fact, when we were travelling, she would refer to all three of us as her ‘male bitches’ and she would tell us to inform our partners when we get home. I told my wife and we laughed and called her crazy .

 

 

The verdict:

The verdict came after three (3) weeks or so and I was found NOT GUILTY on the original three (3) charges including sexual harassment. I have the verdict in black and white. This is after I reportedly insulted the chairperson before storming out. The three (3) charges I was found guilty on were added while I was on suspension and I believe there was a serious error of judgment because the dates of the alleged offences were 100% inaccurate. There one main charge was like being charged for missing Christmas day in February, and that inaccuracy nullifies all the other sub charges like intimidation and or bullying because the main charge had no basis in fact. Suspension was lifted and I was given last written warning with an option to appeal internally, and unfortunately for me, the station has no such process and I would have to go to the CCMA. I decided to let sleeping dogs lie and started talking to the SABC for a possible move. 5 days later, on a Tuesday, after presenting a segment on GBV, on the station’s 3^rd birthday, I was called into an office, in full view of staff waiting to cut the birthday cake. They showed me a copy of the article about me being involved in a harassment scandal, and asked me I had seen it, and I said no. They clearly knew about it and they had typed a long letter accusing me ‘continuing to attract negative publicity to the station’ with an article containing information they knew be untrue and fired me in full view of staff.

Press Release

Their PR machine went into over drive. Press release was sent, even to Bizcommunity to ensure that the entire industry knows that I am a problem. Just six (6) months before, in June, I proposed to them that we should extend the morning show by an hour and I got the team to accept this without asking for any additional money. They accepted, but on the 15^th of November 2022, what the station could not get in a hearing, they collected in the media. The trolls on social media, fake accounts, I went home to my wife and we worked even harder to protect our little girl from the sh*t storm.

I reported myself everywhere, from social development GBV programs, so Sonke Gender Justice and even POWA. I also contacted the Commission on Gender Equality about the social media #survivingRkelly suggestion /inference. I contacted the Independent Media’s Ombudsman and they have been having fun ignore their obligation. Only Sonke Gender Justice responded. Both my male colleagues who were my co-accused, continued to work after I left and there was no slanderous press releases when they left. A few days ago, almost a year to the day, SARS cleared me of that tax liability.

My name is Malik Maloyi and on radio I went by Pat Cash, hence Pat Cashonradio.  These are the facts. I have the slips if you want proof. It was thuggish the way I was treated.