Former PRAZ boss fi ghts firing
FORMER Procurement Regulatory Authority of Zimbabwe chief executive officer, Nyasha Chizu, has approached the High Court challenging termination of his contract saying the decision was arbitrary and he was not afforded an opportunity to be heard.
But PRAZ has opposed the suit arguing that they had followed all the procedures including seeking and securing endorsement from the President in terms of the Public Entities Corporate Governance Act.
The High Court is set to fix a set down to hear the case.
In his papers, Chizu argued that his termination on notice was invalid given that he was never heard in terms of the Constitution.
Chizu said he was initially sent on “administrative leave” which he said had all ingredients of a suspension.
He submitted that the Labour Act, which provides termination of contract on notice was unconstitutional.
Outlining the background of his case, Chizu said in July last year, PRAZ chairperson, Vimba Nyemba, directed him to go on “administrative leave” which he averred had all the ingredients of suspension despite categoric denial by the chairperson that the leave did not mean that there were any disciplinary or misconduct issues.
He said the 30 day “administrative leave” was renewed two times until a letter terminating employment was subsequently issued.
“In the premises, I submit that the provisions of the Labour Act which allow for termination of employment on notice arbitrarily are inconsistent with my rights in terms of the Constitution and should therefore be declared unconstitutional. I submit further that the purported termination of my employment was done in terms of an unconstitutional provision, thereby becoming unlawful and therefore should be accordingly be set aside,” said Chizu.
“Further to the above, am seeking consequential relief in the form of setting aside of the termination of my employment on the basis that the termination was done in contravention of the Constitution of Zimbabwe.”
But PRAZ represented by Nyemba opposed the application in her papers.
She said they had followed all due processes provided for by the law in terminating the contract of Chizu including seeking endorsement from the President as provided for by the Public Entities Corporate Governance Act.
“In accordance with Section 11 (1) of the Public Entities Corporate Governance 2018 (Statutory Instrument 168 of 2018) PRAZ sought and secured on 15 October 2020 the endorsement of the President of the Republic of Zimbabwe to terminate Chizu’s contract of employment. A copy of the letter confirming such endorsement is annexed hereto,” said Nyemba.
She said on 16 October 2020, PRAZ has also in terms of the same law given the responsible Minister seven days’ notice of their intention to terminate Chizu’s contract of employment. A copy of the notice is annexed,” said Nyemba.
She said the failure by Chizu to cite Public Service, Labour and Social Welfare Minister Professor Paul Mavima rendered defective his bid to have a Clause in the Labour Act nullified, given that he was entitled to be heard since he was the one who administered it.
“The legislative provision Chizu seeks to impugn forms part of the Act of Parliament which falls under the purview of the Minister. By virtue of being affected by any determination that may be made, the Minister ought to be afforded the opportunity to be heard before hand,” said Nyemba.
She said Chizu was improperly before the court given that he had also taken his case before the Labour Officer.
“These proceedings (before the Labour officer) have not been withdrawn, determined and/or otherwise terminated,” said Nyemba.