Moyo wants court to rule Old Mutual board, Manuel in breach of Constitution
Peter Moyo has lodged an urgent application for the Old Mutual board and its chairperson Trevor Manuel to be declared as having deliberately interfered with the functioning of the courts.
In a new affidavit, the on-again, off-again Old Mutual head stated that his second axing by the financial services giant on August 22 was “deliberately calculated to undermine the efficacy of the judgement of this court”.
In an open letter published on its website last week, Old Mutual said it took the step to terminate Moyo's tenure as CEO for a second time "after legal advice and on careful reflection by directors, with proper regard to their fiduciary duties to the company".
Moyo is currently challenging his first firing in June in court. Judgment in that case is expected at the end of August.
Old Mutual said last week that Moyo may decide to challenge his second notice of termination in court. The group said it would once again defend its position if he did so. "We will stand our ground if he does, naturally and at all times continuing to respect the law and our court system," a statement from the group read.
Moyo, in his affidavit, said he further wants the Gauteng High Court in Johannesburg to rule that Old Mutual is in breach of Section 165 of the Constitution which states that judicial authority is vested in the courts. He will bring this urgent application on September 3.
The former Old Mutual CEO challenged his initial dismissal in court in late July, arguing he was being victimised for bringing up what he said was a conflict of interest for Manuel. Manuel has denied this.
On July 30, Judge Brian Mashile found that his dismissal was unlawful and ordered Old Mutual to reinstate him. However, he was barred from work the day after his court victory, after the country’s second-largest insurer filed a notice to appeal against the judgment.
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