MUCHENJE HITS BRICKWALL
HIGH COURT Judge Justice Etsher Muremba has ruled that the court will not entertain further former NetOne boss Lazarus Mucheje’s challenge for his dismissal, saying his relief lay with his employers.
Muchenje, who has so far been dismissed three times as chief executive officer, was challenging the legality of the letter of termination of his employment contract at the helm of the telecommunications company.
He was formerly dismissed on February 20 before the same letter of his dismissal was suspended by the High Court on an interim basis.
On July 9, Muchenje was also dismissed on three months’ notice and was granted a second interim relief on July 15.
However, on December 21, the NetOne board again withdrew the July 9 letter of termination and reinstated him as CEO, but later dismissed him on another three months’ notice.
“In my view of the foregoing, I come to the conclusion that I have no jurisdiction to deal with this matter which is an employment matter.
“In the result, it be and is hereby ordered that:
jurisdiction is declined, Muchenje shall pay the respondents’ costs,” ruled Justice Muremba.
The judge said Muchenje was holding the court at ransom in order for him to earn his way back as NetOne chief.
“The High Court has no jurisdiction in labour and employment issues. Clearly this is not a matter for an interdict and a declaratur.
“Under the guise of seeking an interdict and a declaratur, Muchenje is actually challenging the termination of his employment contract and seeking reinstatement as CEO of NetOne through the back door,” reads the judgment.
The court also said what was important were the grounds Muchenje’s was basing on his application.
“In other words what is important or what matters are the grounds on which the application is based rather that the order or relief that is being sought.
“What is clear from Muchenje’s averments is that although he avers that he is seeking an interdict, he is basically challenging termination of his employment contract by way of notice.
“The dispute is whether or not Muchenje’s employment was lawfully terminated. Such a dispute falls for determination in terms of labour law under the Labour Act and its structures,” ruled the judge.
Allegations levelled against Muchenje include criminal abuse of office after then board member Paradzai Chakona allocated him a house as chairman of the human resources committee without approval of the full board.