High Court reinstates Muchenje

THE termination of employment contract of NetOne chief executive Lazarus Muchenje, was on Wednesday set aside by the High Court after the embattled executive challenged his dismissal, arguing the board of the State-owned mobile phone operator did not follow due processes in firing him.

In an urgent chamber application early this week, Muchenje challenged the termination of his employment contract, arguing it was done outside the confines of the law and violated SI 2018-168 of the Public Entities Corporate Governance regulation.

Last week Thursday, NetOne board dropped all disciplinary charges against

Muchenje and immediately reinstated him. He was fired a day later on a three months contract termination basis.

Muchenje argued that the mandatory provisions of Section 11 of the Public Entities Corporate Governance, which governs his dismissal had not been complied with.

“The applicant (Muchenje) cannot be dismissed on notice as purported in the said letter in terms of his contract.”

“Winston Makamure (NetOne board member) and NetOne have not demonstrated that the necessary President’s prior endorsement to dismiss the applicant has been sought and have accordingly acted arbitrarily, illegal and irrationally,” argued Muchenje through his attorneys.

In granting the interim order, Justice Webster Chinamora set August 4, 2020 as the hearing date of the urgent application. Pending the hearing date. Justice Chinamora ordered NetOne to file opposing affidavit by end of business yesterday.

“The letter dated 9 July authored by the second respondent (Makamure) and addressed to the applicant (Muchenje) shall not be put into effect,” reads part of the order.

“No publications shall be made by any of the respondents to the effect that the applicant’s has been terminated.”

Muchenje has been locked in a vicious fight with NetOne board since he was suspended in February this year.

He was expected to appear before Retired

Justice Moses Chinhengo to answer to several charges including incompetence, theft, habitual and substantial neglect of his duties as the CEO of NetOne in March this year.

He was suspended on February 20, alongside acting chief finance officer Tinashe Severa.

Muchenje approached the High Court seeking nullification of his suspension in which an interim relief order was granted to stop the hearing on March 11.

He argued that the meeting, which resolved to relieve him of his duties was not properly constituted and sought all resolutions, which the board adopted suspended.

The hearing could not, however, take place after Muchenje threatened to sue Netone.

Muchenje stated that the decision to suspend him would not have been unanimous since board member Dr Douglas Mamvura did not attended the meeting

Board member and FMC chief executive, Ranga Mavhunga was two weeks ago arrested and released on $10 000 bail for perjury or lying under oath.

The alleged lie was made when Mavhunga and acting chairperson Ms Susan Mutangadura, a legal practitioner, filed opposing affidavits in a case in which chief executive Muchenje sought his suspension nullified because the resolution to suspend him was not unanimous since Dr Mamvura, a bona fide director was not involved in such decision.

Dr Mamvura was appointed on NetOne on October 28 last year, but was never invited for a single board meeting even through the board was aware of his appointment.

Last week, permanent secretary in the Ministry of Information and Communications Technology, Courier and Postal Services Sam Kundishora claimed that Dr Mamvura was never appointed on NetOne board.

Further checks by Business Weekly, however, shows that Dr Mamvura was indeed appointed after all due processes were carried out.

This include his letter of appointment by the then Minister of ICT, Postal and Courier Services Kazembe Kazembe.