Judge rules in favour of Wicks

IAN Wicks has won a Cape High Court urgent application seeking reinstatement as MD of SA Independent Liner Services (Sails) and the lifting of a month-long suspension against him. Senior High Court judge, Siraj Desai, issued a rule nisi last week (July 3) in terms of which major Sails shareholder, Lonrho, must show cause by August 6 why the ruling should not become absolute. Lonrho’s main point of contention was that the Cape High Court was the wrong jurisdiction, that the matter should have been heard in the labour court instead. The pan-African conglomerate, focused on Africa investment and development, had earlier agreed to withdraw references to defamatory allegations of gross misconduct, also allegations a successor was being sought and issues revolving around breach of contract and shareholder’s agreement The Desai order effectively meant Wicks could have gone straight back to work but he told FTW jokingly he had decided “to take the rest of the day off.” On a more serious note, however: “I am waiting to hear from my counsel because we are not sure how much it will take to keep me out of the office. All Sails office door locks and e-mail passwords were apparently changed on his suspension. As to whether he is looking forward to returning to the helm of Sails, the South African-registered company he created, Wicks said: “Lonrho did the suspension the wrong way but I am very happy to go back to the job. “If I can make this thing work, I will do my best because that is all I have ever done. As MD, I am fully entitled in terms of my contract to do my job and we will call now for guidance from the board of Sails, but it is not going to be an easy road.” (Of the six members, three are from Lonrho). Reacting to a London report that Lonrho, with a 66.7% stake in Sails, had taken a pre-tax knock of £6.1 million in the six months to March, reflecting the substantial costs of developing new routes in the shipping industry, Wickssaid he had not been privy to such information. “Equally, the loss they are attributing to Sails does not take account of an increase in revenue to £7.5 million over the same period.” Wicks reiterates once again Lonrho was fully aware when it came aboard early last year that the Sails five-year business plan called for US$79 million by a corporate investor. While he credits Lonrho for what it is trying to achieve in Africa, he says: “They never read the Sails business plan properly and have absolutely no understanding of shipping.”