Intrepid news anchor JJ Tabane has taken his protracted legal battle with Power FM to another level after he applied for an injunction to declare the arbitration award he won against the radio station an order of court.
The application comes a few months after Tabane filed a lawsuit against the Gauteng-based talk radio station to pay more than R300 000 in costs he incurred before he obtained the award.
It also comes after the station’s boss, Given Mkhari, took to social media about two months ago and insulted Tabane, calling him a thief and a fool, among other pejoratives.
In the application, which we have seen, Tabane said he and his company, Sigwili Media, concluded a written agreement with Power FM on or about May 17, 2017, to host a programme called Power Perspective.
The agreement, he said, was to lapse on or about February 27, 2018.
Tabane said the agreement was renewed on or about March 1, 2018, and/or extended for a period of two years from March 1, 2018, to February 28, 2020.
Between September 6, 2018, and September 18, 2018, a dispute arose between him and Power FM after the station breached the terms and conditions of their agreement.
He said on or about September 6, 2018, the late Bob Mabena, who at the time was the station manager, abruptly and by way of a surprise, telephoned him and informed him that their agreement had been suspended and that he was being removed from the show that aired from 20:00 to midnight from Monday to Thursday.
“Five days later, only after I had demanded and insisted on being given reasons in accordance with the requirement of utmost good faith in terms of clause 13.3 of the agreement, did the late Bob Mabena provide me with a suspension email, two days later, on the 11th of September 2018,” he stated.
Tabane said the suspension was triggered by an interview on the station on September 4, 2018, that ensued between him and Chris Vick during the show hosted by Thabiso “TT” Tema.
“This was consequent upon a tweet exchange (now called X) between me and Mr Chris Vick, after I had responded with shock to an earlier tweet by the then minister of communications, Ms Faith Muthambi.
“The minister’s tweet came as a result of the testimony presented by Ms Pumla Williams at the state capture commission on the 2nd of September 2018,” he said.
Afterwards, Tabane said Mabena, relying on the matters discussed during the debate on the show and without giving him a proper hearing in a manner consistent with the requirements of “utmost good faith”, decided to terminate his contract with immediate effect.
Tabane said his lawyers referred the matter for arbitration, and the arbitrator, Anver Bhayat of Bhayat Attorneys, ruled in his favour on August 18, 2022, directing Power FM to pay him and his entity more than R2 million for breach of contract.
He said that after the publication of the arbitration award, the station terminated the services of their legal representatives.
Baepi Attorneys, and then through their current legal representatives, Victor Nkhwashu Attorneys, brought a review application, demanding that the award be reviewed and set aside.
He said that because of Nkwashu’s tardiness and disputes between the parties, the
review application was simply left hanging for more than two years with no clear indication to prosecute the same to a finality.
On August 29, 2024, his lawyers wrote to Nkwashu informing him of his and his entity’s intention to have the arbitration awards made an order of the court.
“Wherefore myself and Sigwili Media Group pray for an order in the terms of the notice of motion to which this affidavit is attached,” he wrote.
He said if Power FM does not file its responding affidavit timely, they will ask the matter to be placed on the unopposed roll.
