REPRIEVE FOR EX-ZBC BOSS
THE High Court has dismissed a case in which the Zimbabwe Broadcasting Corporation (ZBC) was seeking to recover a vehicle from its former chief executive officer, Patrick Mavhura.
Mavhura was fired in 2019 on allegations of swindling ZBC of over US$340 000 in payments from advertisers.
During his tenure, Mavhura was entitled to a Chevrolet Trailblazer for which the State broadcaster had made an application rei vindication (suing to recover property).
In his finding, Justice Webster Chinamora ruled that Mavhura’s contract of employment allowed him to retain the motor vehicle contrary to the application.
“Given the agreement entered into by the parties when Mavhura took employment with ZBC, the reliance on rei vindication to seek repossession of the Chevrolet Trailblazer motor vehicle is misplaced.
“In casu, Mavhura has demonstrated that his contract of employment gives him the right to retain the motor vehicle.
“The contract merely allowed him to purchase the vehicle he was using if he satisfied the criteria stipulated . . . and ZBC has not presented anything before the court to show that Mavhura was not entitled to be sold the vehicle.
“In the result, the application is dismissed with costs,” reads the judgment.
The broadcaster had, through its secretary Patricia Muchengwa, had argued that Mavhura wasn’t supposed to retain the vehicle when his contract was terminated.
“The vehicle is not for sale. It is required for day-to-day operations of ZBC in fulfilment of its constitutional obligations. There is no justifiable reason for Mavhura to retain possession of ZBC’s assets.
“ZBC is in the broadcasting business with a constitutional mandate to provide public services.
“The vehicle is a public resource and key asset to ensure delivery on a day-to -day basis.
“The conduct by Mavhura in refusing to surrender the vehicle has severely hampered ZBC’s work.
“Since the termination of the employment relationship, Mavhura has failed or neglected to return the vehicle to ZBC,” submitted Muchengwa.
Mavhura was employed in various capacities at ZBC before he was promoted and fired as CEO.