{"id":715192,"date":"2023-09-01T09:11:18","date_gmt":"2023-09-01T07:11:18","guid":{"rendered":"https:\/\/businesstech.co.za\/news\/?p=715192"},"modified":"2023-09-01T09:27:13","modified_gmt":"2023-09-01T07:27:13","slug":"old-mutuals-4-year-legal-battle-against-its-former-ceo-finally-comes-to-an-end","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/business\/715192\/old-mutuals-4-year-legal-battle-against-its-former-ceo-finally-comes-to-an-end\/","title":{"rendered":"Old Mutual&#8217;s 4-year legal battle against its former CEO finally comes to an end"},"content":{"rendered":"\n<p>Finance group Old Mutual says that it can finally put a four-year legal battle against its former chief executive officer, Peter Moyo, to rest.<\/p>\n\n\n\n<p>This follows a decision by the Constitutional Court to dismiss Moyo&#8217;s application to appeal against a High Court decision from 2022 which dismissed the former CEO&#8217;s claim of R250 million in damages against the company.<\/p>\n\n\n\n<p>The spat between the 174-year-old insurer and Moyo spilled into the open in <a href=\"https:\/\/businesstech.co.za\/news\/finance\/318972\/old-mutual-suspends-ceo\/\"><strong>May 2019<\/strong><\/a> when he was suspended for an alleged conflict of interest. <\/p>\n\n\n\n<p>According to Old Mutual, the situation arose because the former CEO &#8220;violated the terms of his employment contract&#8221; by allegedly placing his private financial interests ahead of the company. <\/p>\n\n\n<div class=\"wp-block-image\">\n<figure class=\"aligncenter size-full\"><a  data-lightbox=\"post-image\" href=\"https:\/\/businesstech.co.za\/news\/wp-content\/uploads\/2019\/05\/Peter-Moyo-2.png\"><img loading=\"lazy\" decoding=\"async\" width=\"640\" height=\"430\" src=\"https:\/\/businesstech.co.za\/news\/wp-content\/uploads\/2019\/05\/Peter-Moyo-2.png\" alt=\"\" class=\"wp-image-319156\" srcset=\"https:\/\/businesstech.co.za\/news\/wp-content\/uploads\/2019\/05\/Peter-Moyo-2.png 640w, https:\/\/businesstech.co.za\/news\/wp-content\/uploads\/2019\/05\/Peter-Moyo-2-300x202.png 300w\" sizes=\"auto, (max-width: 640px) 100vw, 640px\" \/><\/a><figcaption class=\"wp-element-caption\">Former Old Mutual CEO, Peter Moyo<\/figcaption><\/figure><\/div>\n\n\n<p>&#8220;In flagrant disregard of the provisions in his employment contract designed to manage conflicts of interest between NMT Capital (a company Moyo co-founded) and Old Mutual, Moyo chaired a meeting of the NMT Capital Board on 4 July 2018, at which it was decided to pay an ordinary dividend of R105 million. <\/p>\n\n\n\n<p>&#8220;Moyo and his partners thus shared R84 million, while omitting to pay preference share dividends, valued at R65.4 million at the time, due to Old Mutual,&#8221; it said.<\/p>\n\n\n\n<p>The group said that its board engaged Moyo for months about the matter, but it became clear that he and the Board had a difference of opinion about his transgressions and how to resolve them.<\/p>\n\n\n\n<p>The company fired him three weeks later &#8211; a decision Moyo successfully challenged in the High Court.<\/p>\n\n\n\n<p>However, the battle didn&#8217;t end there. Moyo was subsequently prevented from returning to work and was ultimately fired a second time by the group.<\/p>\n\n\n\n<figure class=\"wp-block-embed is-type-wp-embed is-provider-businesstech wp-block-embed-businesstech\"><div class=\"wp-block-embed__wrapper\">\n<blockquote class=\"wp-embedded-content\" data-secret=\"o2W6TuT4Z6\"><a href=\"https:\/\/businesstech.co.za\/news\/business\/345358\/why-old-mutual-says-it-was-within-its-rights-to-fire-moyo-a-second-time\/\">Why Old Mutual says it was within its rights to fire Moyo a second time<\/a><\/blockquote><iframe loading=\"lazy\" class=\"wp-embedded-content\" sandbox=\"allow-scripts\" security=\"restricted\" style=\"position: absolute; clip: rect(1px, 1px, 1px, 1px);\" title=\"&#8220;Why Old Mutual says it was within its rights to fire Moyo a second time&#8221; &#8212; BusinessTech\" src=\"https:\/\/businesstech.co.za\/news\/business\/345358\/why-old-mutual-says-it-was-within-its-rights-to-fire-moyo-a-second-time\/embed\/#?secret=pItB5fMUBK#?secret=o2W6TuT4Z6\" data-secret=\"o2W6TuT4Z6\" width=\"500\" height=\"282\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\"><\/iframe>\n<\/div><\/figure>\n\n\n\n<p>Moyo and Old Mutual then went back-and-forth in court over the dismissal and its legality, with the former CEO ultimatel<a href=\"https:\/\/businesstech.co.za\/news\/business\/344174\/moyo-wants-r250-million-in-damages-old-mutual\/\"><strong>y seeking R250 million in damages<\/strong><\/a> from the group.<\/p>\n\n\n\n<p>The High Court dismissed the damages claim in May 2022. <\/p>\n\n\n\n<p>Moyo then approached the Supreme Court of Appeal (SCA) in November 2022, where the case was again dismissed. The former CEO&#8217;s final stop was the Constitutional Court, which this week hammered the final nail into the case.<\/p>\n\n\n\n<p>&#8220;The (Constitutional) Court, in a unanimous decision handed down by nine Justices on Thursday 31 August 2023, rejected Mr Moyo\u2019s application for leave to appeal against a High Court decision last year which had dismissed his R250 million damages claim.<\/p>\n\n\n\n<p>&#8220;The Court said that his application &#8216;does not engage its jurisdiction&#8217; and &#8216;must be refused&#8217;,&#8221; Old Mutual said.<\/p>\n\n\n\n<p>The group welcomed the ruling, saying that it has always maintained that it acted within the ambit of the law and in the interests of the company.<\/p>\n\n\n\n<p>&#8220;We are extremely pleased it is finally over, and that justice has prevailed,&#8221; it said.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<p><strong>Read: <a href=\"https:\/\/businesstech.co.za\/news\/cloud-hosting\/697813\/old-mutual-goes-all-in-on-amazon-as-it-looks-to-launch-new-bank-in-south-africa\/\">Old Mutual goes all-in on Amazon as it looks to launch new bank in South Africa<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Old Mutual says that its drawn-out legal battle against former CEO Peter Moyo has finally come to an end.<\/p>\n","protected":false},"author":10,"featured_media":645183,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9872],"tags":[26,1110],"class_list":["post-715192","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-business","tag-headline","tag-old-mutual"],"_links":{"self":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/715192","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/comments?post=715192"}],"version-history":[{"count":2,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/715192\/revisions"}],"predecessor-version":[{"id":715202,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/715192\/revisions\/715202"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media\/645183"}],"wp:attachment":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media?parent=715192"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/categories?post=715192"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/tags?post=715192"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}