On Friday 27 February 2009 a Sandton-based firm of attorneys, Barry Aaron has filed an urgent application in the High Court to provisionally liquidate the SABC. The application was served on all the trade unions and the non-represented employees of the SABC.
In layman’s terms, it means the SABC is technically bankrupt if the order is granted.
Currently the application is for a provisional order. We do not intent to oppose the provisional order. However, we will oppose an application for a final order to wind-up the SABC.
What is the implication of such an application for you?
· If the SABC is insolvent, and a final order is granted, the SABC’s assets will be sold to pay it’s debtors.
· The SABC may stop paying you a salary, and you will have a preferential claim of 3 months salary capped at R12 000.
· Thereafter you may have a concurrent claim.
In our application to oppose the winding-up of the SABC we will request the Court to place the SABC under judicial management.
If you are a BEMAWU member, you will automatically be taken care off and you do not have to take any further action. We will make sure that all legalities are followed and we will do our utmost best to protect your employment and benefits. We have already instructed our lawyers to oppose the application and file for judicial management.
This is a very serious matter and only the Government can bail the SABC out of this. The SABC Board has put employees in a very serious predicament by not managing the SABC’s affairs responsibly and properly.
Remember what happened to Saambou Bank? No-one ever thought it could be liquidated, and it was.
We are aware of the problems at Sales & Marketing. We however are of the view that we first have to make sure the SABC still exists, and is not liquidated and thousands of employees loose their jobs before we deal with the problems there. It does not make sense to win the fight (of Apex and the other problems) but loose the battle when lots of employees loose their jobs if the SABC is liquidated.
The Application for provisional liquidation is available at our offices and can be forwarded to you on request.