Cabanac exit - The process to get rid of Steenhuisen's recalcitrant chief of staff could drag on for months

27 Sep 2024

Agriculture Minister John Steenhuisen has been facing a major headache as his chief of staff Roman Cabanac has put up a fight against his removal.

It has been 15 days since Agriculture Minister John Steenhuisen asked his chief of staff, Roman Cabanac, to step down. Yet Cabanac remains in his position, reportedly engaging in a human resources process that insiders say could drag on for up to six months.

If no agreement is reached during ongoing discussions, Cabanac could continue drawing his salary, which amounts to about R1.4-million of taxpayers’ money annually, the third-highest salary band in the government. He could potentially pocket half that amount before the process concludes. Furthermore, should negotiations fall in his favour, he may secure a significant severance payout.

Steenhuisen’s appointment of the controversial podcaster in August sparked immediate consternation within the DA and concerns among longstanding DA supporters.

Though Steenhuisen is currently out of the country, it is understood that he remains intent on finding a way to expedite Cabanac’s resignation.

https://www.youtube.com/watch?v=dxGa9bCow3A

Daily Maverick reported that Cabanac has refused to step down without a big payout and continues to operate from his office from time to time, sources within the department confirmed.

He is active on X, with his job title prominently displayed.

Cabanac posted a cryptic post on Friday:

GM.

Almost Monday.

— Roman Cabanac (@RomanCabanac) September 27, 2024

Read more: Roman Cabanac ‘refuses’ to resign as Steenhuisen’s chief of staff

Steenhuisen’s public revelation at the Cape Town Press Club — where he first disclosed his request for Cabanac’s resignation — was also the first time Cabanac had heard about it, leaving him reportedly blindsided and unhappy. This public airing of his uncertain job status has added to the already strained situation between the minister and his chief of staff.

The specific terms of his contract are confidential and not in the public domain, but sources close to the situation now say Cabanac holds the upper hand, as he cannot be forced to resign or be dismissed without just cause. Any attempt to fire him could result in a legal battle, a scenario Steenhuisen is keen to avoid given the unwanted attention the case has already generated. The minister is reportedly frustrated by the increasing scrutiny surrounding the issue, further complicating his efforts to resolve it quietly.

“The minister should have waited for the probationary period to end then tell HR that he does not want to continue working with Cabanac,” said one person with knowledge of the situation. “If Cabanac does not agree to just resign, then the option is to pay him. Discussions are still happening, the minister could get through to him over the weekend.”

Labour lawyer Kgomotso Mufamadi said it may be difficult to remove Cabanac if he refused to resign, which could compel the ministry to offer him a golden handshake — a payment made in the context of a mutual separation agreement.

“The employee has that right (to not agree to a mutual separation agreement),” said Mufamadi.

“The employer would then have to find a way to take him through a lawful process. (The employer) might be able to demonstrate that if, for example, the employee did not disclose or explain what he was doing before, the minister (could say), ‘Actually, now I find this person to be incompatible with the values of the organisation.’”

Proving incompatibility ‘challenging’

Mufamadi noted that proving incompatibility as a form of incapacity was challenging.

“The minister’s best bet is to try to negotiate some sort of separation agreement. The employee is under no obligation to resign and, if pressured, could claim constructive dismissal, arguing that the working conditions became intolerable because his employer made it clear he was no longer wanted in the organisation.”

While Canabac initially said he does not speak to journalists, he spoke to News24 denying reports that he was seeking a golden handshake and said the reports were driven by leaks within the Department of Agriculture.

“The same department has not met or communicated with me at all in the past three weeks. It appears they are spending more time leaking stories than actually starting the HR processes,” Cabanac stated.

“I am obliged to receive a fair and transparent process, as per our law. That’s what HR is meant to be doing.”

DA Federal Council chairperson Helen Zille told Daily Maverick that the party’s governance unit did not vet Cabanac’s appointment or any of the ministers.

“Some CVs of interested applicants were shared in a WhatsApp group, but many appointments were made without reference to this, as is the minister’s right.”

Asked if the party was not concerned that appointing individuals who may not embody DA values could undermine its ability to implement its governance policies effectively, Zille said: “It is the responsibility of ministers to ensure that their ministries align with DA policies.”

The ministry does have a spokesperson and Charity McCord, Steenhuisen’s media manager, said Cabanac’s matter was with HR and the process should be allowed to conclude. DM

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Proving incompatibility ‘challenging’