PSC in legal battle
THE Civil Service Commission (PSC) is entangled in a legal battle likely to spill into the courts after a headmaster at Tshelanyemba High School in Kezi challenged his recent transfer and ultimate discharge from service alleging the move was unlawful, unjustified and inspired by the desire to victimise him.
The headmaster, Mr Ezekiel Hleza through his lawyers Munyaradzi Gwisai and Partners Legal Practitioners is challenging his discharge from service that was prompted by his refusal to be transferred from Tshelanyemba High School to Siyoka Secondary School in Beitbridge arguing that his employers were not acting in good faith.
The transfer which he was challenging was followed by a cessation of salary notice and finally the discharge letter which stated that he had failed to assume duty at the new station after 30 days of him being given notice.
A letter in possession of the Sunday News written by the lawyers to the Civil Service Commission Secretary states that on 22 January Mr Hleza, a darling of the local community because of his work ethic received a letter advising him that he had been transferred to Siyoka Secondary School.
The letter stated that the transfer was supposed to be with immediate effect and he was to assume duty at the new station the following day on 23 January.
“Surprisingly, a few days before his transfer, on 15 January 2018 a new head, one (Mr) Ngoneni Moyo was placed at the school to replace him.
“As if that was not enough on 02 February 2018 our client was served with a notice of cessation of salary and threats of disciplinary action being taken against him. The cessation of salary was to take effect by 05 February 2018.
“We write to categorically challenge this kind of transfer as it amounts to victimisation, unjustified and unprecedented unfair labour practice in a democratic society,” reads part of the letter written by the lawyers to CSC.
They argued that no transfer should be done to take immediate effect in respect of Section 13(3) and 13(4) of the Public Service Regulations SI 1 of 2000.
The quoted section spells out that every transfer shall — (a) be planned to minimise discomfort on the part of the member concerned and his family and (b) be notified timeously to the member concerned who shall be provided with all information relating to the transfer.
They further argued on the basis of Subsection 4 of Section 13 which says no transfer shall be used as a punitive measure except pursuant to the disciplinary procedures adding that the fact that he was replaced before his transfer clearly points to unclear circumstances surrounding the purported transfer.
In response the CSC said the matter had been referred to the Ministry of Primary and Secondary Education for consideration.
The ministry, through the acting provincial education director for Matabeleland South Mr Lifias Masukume, said the transfer was in line with the Public Service Regulation as stated in the SI 1 of 2000 as amended.
“According to the Public Service Regulation 13(1) a member may at any time without his consent be transferred by the Commission or delegated authority from the post he occupies to any other post in the Public Service whether the post is inside or outside Zimbabwe,” quoted Mr Masukume in his letter.