Council risks paying disciplinary committee for nothing
HARARE City Council faces the risk of paying thousands of dollars to the disciplinary committee tasked to hear the cases of four suspended directors for sitting at home as it has emerged the city executives still have pending matters in court against council and are likely not to appear before the committee until the cases are finalised.
The directors were suspended over allegations of financial abuse.
Following their suspension in December last year, the directors took council to court, arguing their suspensions were unlawful because they were without pay or benefits, contrary to provisions of Section 140 of the Urban Councils Act.
The matter is still pending before the courts.
The three were suspended together with acting town clerk Mrs Josephine Ncube, who has also challenged her suspension, arguing that Harare Mayor Councillor Bernard Manyenyeni does not have the legal standing to suspend a chamber secretary.
A source at Town House yesterday said the trio of Dr Prosper Chonzi (health services director), Mr Tendai Kwenda (finance director) and Cainos Chingombe (human capital director) was sticking to its guns because it felt it had a strong case against council before the courts.
“First and foremost, it is not true that tribunal labour expert Mr George Makings quit because of frustration, but because he realised he was being used by council.
“The directors have pending cases before the courts, hence the disciplinary hearings are of no use,” said the source.
Through their lawyers Dube, Manikai and Hwacha, the city directors argue that being senior executives of council, they are public figures and their reputation is now at stake in the eyes of the general public owing to the unlawful suspensions.
They further argue that coupled with grave allegations of misconduct against them, their reputation would be impossible to regain and the possibility of securing another employment close to nil.
The tribunal appointed in January was supposed to complete the hearings in February and fears are abound that it could also make outrageous demands like the tribunal tasked to investigate the alleged defiance.
The six-member tribunal, which was chaired by retired High Court Judge Justice George Smith, was given one month by council to complete investigations, but took five months to reproduce almost the same contents as the audit report sanctioned by the Local Government, Public Works and National Housing Ministry and demanded to be paid $30 000.
Last month, Clr Manyenyeni confirmed the disciplinary committee will be paid, “Independent outsiders have been appointed to the disciplinary committee.
“Council will be paying them and while we are struggling financially, the proceedings are a necessary evil,” he said.