MPILO BOSS LOSES COURT APPEAL
THE LABOUR Court in Bulawayo has upheld the dismissal of former Mpilo Central Hospital operations director Mrs Duduza Regina Moyo who was fired for abuse of office.
Mrs Moyo was relieved of her duties last year together with finance director Charles Govo on a litany of charges. She, however, filed an appeal at the Labour Court, contesting the decision by the Health Service Board which found her guilty of five out of 11 acts of misconduct. Labour Court Judge, Justice Evangelista Kabasa last month dismissed, with costs, Mrs Moyo’s appeal for lacking merit. Justice Kabasa noted that the board acted within its right to fire Mrs Moyo.
“The acts of misconduct that the appellant was convicted of undoubtedly went to the root of the employment relationship and so the employer was within its rights to choose to sever ties with her,” the judge observed.
In her appeal, Mrs Moyo contested all the five counts, arguing that she had done everything above board. The counts include, adjudicating over an unadvertised tender for the refurbishment of electric pots, at a cost above $10 000 without waiver from the State Procurement Board, failure to advertise or to ensure that the repairs of an X-ray machine tender was advertised and awarding for the supply of hypochlorite without a quotation from the supplier.
The other two counts were failing to manage the purchase and supply of uniforms and rendering technical assistance to a supplier. On the first count Mrs Moyo argued that the disciplinary committee which presided over her case had erred in convicting, as adjudication was done without the full knowledge of the figure involved. She argued that advertisement of the tender was the duty of the Central Buying Unit and not the Procurement and Tenders Committee which she chaired. On the second count she said the tender for the repair of the X-ray had been advertised and the hospital executive had made the decision to have the machine repaired. Mrs Moyo further argued, on the third count, that a quotation had been submitted by the supplier before the awarding of a tender for the supply of hypochlorite. On the fourth count, she argued that her role was only to approve buying of uniforms and that it was not part of her mandate to ensure delivery of the same. Mrs Moyo contested conviction on the fifth count, arguing that there was no evidence that she had rendered technical assistance to a supplier by writing a letter on the supplier’s behalf requesting advance payment from the hospital. Justice Kabasa observed, on the first count, that there was evidence of the adjudication process having been done but there was no evidence showing that the tender had been advertised or waiver had been sought from the SPB as required at law.
She noted that Mrs Moyo was guilty of contravening Section 44 (2) as read with paragraph 3 of the first schedule of the Health Services Regulations (2006) by failing to obey lawful instruction, including circulars, instructions or standing orders issued by the Board, the Treasury or Accounting Officer.
On the second count Justice Kabasa upheld the findings of the Disciplinary Committee that no advertisement was flighted nor any waiver sought from the SPB for the tender to repair the X-ray machine which on both occasions cost more than $10 000.
The Labour Court Judge also observed that Mrs Moyo had been rightfully convicted on the third count, as available documents showed that her committee had awarded a tender to a company which was not among the three shortlisted bidders. Justice Kabasa said Mrs Moyo had also failed to explain why the tender was awarded to a non-bidder who turned out to be more expensive that all the three bidders.
On the fourth count, Justice Kabasa dismissed as illogical Mrs Moyo’s argument that she was only responsible for approving buying of uniforms but was not responsible for their delivery. The Labour Court Judge pointed out that procurement denoted getting, obtaining or causing the availing of goods or services and as such it did not make any sense for Mrs Moyo to absolve herself of any responsibility in seeing to the logical conclusion of the procurement process.
On the fifth count, Justice Kabasa observed that there was overwhelming evidence that Mrs Moyo had written the letter on the supplier’s behalf. Witness had also testified against her. She noted that Mrs Moyo, who argued during the hearing that she was forced to write the letter, had also failed to prove how she was coerced into drafting the letter.
Upon her dismissal last year Mrs Moyo was ordered to restitute $35 000 to the hospital, while Mr Govo’s dismissal came with a surcharge of $4 494. Former Mpilo Central Hospital chief executive officer Dr Lawrence Mantiziba who was facing charges of failing to supervise his subordinates escaped a disciplinary hearing on a technicality after his contract with the Health Services Board expired on 2 September 2015.