COO Mpho Mofikoe suspension won’t be lifted, Samro tells CCMA

The South African Music Rights Organisation (Samro) has refused to lift the suspension of its group Chief Operations Officer (COO), Mpho Mofikoe, escalating tensions within the organisation.

On August 22, Mofikoe approached the Commission for Conciliation, Mediation, and Arbitration (CCMA) seeking conciliation. She argued that her suspension was unfair and motivated by ulterior motives.

However, Samro’s General Manager of Human Resources, Grace Khambane, refused to engage in conciliation. She informed the commissioner that the organisation preferred to proceed directly to arbitration.

Samro wants arbitration

Mofikoe briefly appeared at the CCMA but declined to speak to the media.

One attendee told Sunday World: “We came here today to support Mofikoe. Unfortunately, Samro has refused to reverse their decision. They want to go straight to arbitration. The HR manager also told the commissioner that the investigation is not yet complete. And that they hope to finalise it in two weeks.”

Sunday World understands that Mofikoe was only handed a suspension letter without a formal charge sheet. This left her uncertain about the reasons behind her suspension. She has also been barred from accessing Samro’s offices. A move her supporters claim is part of a broader campaign to silence her.

Samro member Owen Ndlovu, who also attended the proceedings, alleged that Mofikoe is being targeted for exposing uncomfortable truths.

Fundudzi Forensic Report

“Samro is clearly protecting the parties implicated in the Fundudzi Forensic Report. Unfortunately, Mpho is being publicly persecuted. And she’s subjected to professional character assassination for speaking the truth. For standing up for us as Samro members, and for acting in the best interests of the organisation.”

Another member, Nomsa Mazwai, echoed these sentiments. She warned that artists are preparing to intensify their resistance.

“It is clear that Samro is declaring war against artists, and we are ready for it. We have noted their reminder that the extra general meeting will be virtual. However, we insist that the meeting take place physically at the Samro building on August 29.”

Iced for disclosing fraud

Mofikoe was suspended on August 8 for allegedly disclosing fraud.

In a leaked video clip on July 10, taken during an extra general meeting, Mofikoe can be seen detailing how she and other witnesses were intimidated during the investigation and how Samro failed to handle the matter.

“The forensic team did a brilliant job, the Fundudzi report was thorough, but we failed internally as Samro. I know I am going to be fired, but I’m fine. So much so that I had to lodge a grievance against the board because there was too much interference.

“We are sitting here trying to justify what needs to happen. With your permission, I am going to speak on behalf of the witnesses who have travelled this journey with me. They said if I don’t speak for them, we’ll never see justice.

“They have evidence and are prepared to go to court. People must be held accountable. I’ve been trying to resolve this behind the scenes, but now I cannot. My life is at risk, and one of the witnesses has been told to drop this case. This is unacceptable. I know I might not see another day at Samro, but I know justice will be served,” Mofikoe said.

Suspension subject to process

In response, SAMRO refuted claims that they no longer need Mofikoe.

“No such statement was made by SAMRO to the commission or any forum. The process relating to Mofikoe’s employment at SAMRO remains subject to an ongoing process, and it would not be in the interest of ensuring the integrity of that process to make pronouncements before it concludes,” said SAMRO.

The organisation, however, could not give reasons for Mofikoe’s suspension.

“The reasons are protected by the employer-employee relationship and are therefore not
for public disclosure. As a matter of principle, SAMRO treats information relating to its
employees as confidential.

“Mofikoe was placed on precautionary suspension pending the outcome of an investigation. As such, no charge sheet can be issued until the investigation is concluded and a decision is made on whether formal charges are warranted,” said SAMRO adding that Mofikoe remains an employee of the organisation.

“The details of that employment relationship are privileged and cannot be disclosed publicly. SAMRO is committed to the highest standards of corporate governance and conducts all employment-related processes strictly in accordance with South Africa’s labour laws and fair labour practices,” said SAMRO.

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