#MondayBluesBreakingNewsCurrent News

#BreakingNews: High Court Reinstates Muchenje As NetOne CEO In A Landmark Judgement

0
lazarus Muchenje

 

High Court  Judge Justice Chinamora has ruled  that suspended NetOne  CEO, Mr  Lazarus  Muchenje Must  be reinstated rendering  his termination  of  employment  null and  void, with costs.

Muchenje was  illegally fired last year, before  getting  a high  court reprieve.

In a momentous and landmark judgement the High Court  stated that the termination of a CEO  of a State Owned Enterprise (SOE) should be done in accordance with the Public Entities and Corporate Governance Act, and not in terms of the Labor Act.

The ruling puts to  ice  the current  jostling  for the post which  was already  ongoing, with  some  applicants already complaining that they have  not yet received their feed back or  acknowledgement of application, 14 days after the  pronounced  deadline, crying foul over lack of transparency in the process.

In his ruling Justice Chinamhora said he had come to the conclusion that there is no inconsistency between the labour Act and the Public Entities Corporate  Governance Act within the contemplation of section 2A (3) of the Labour Act, and that the provisions of section 12(4) should not have been utilised to bring an end to the applicant’s employment.

 

“The letter of 9 July 2020 drafted by the 2nd respondent written or and on behalf of the 6th respondent addressed to the applicant be and is hereby declared null and void.

“The 1st to 4th and 6th respondents shall pay costs of this application, the one paying the others to be absolved” ruled Justice Chinamhora.

He further stated that the legislature saw it fit that good governace in public entities be enhanced by enacting a special purpose statute focussing on those institutions.

“Consequently the Public Entities Corporate Gorvenace Act was enacted to regulate how CEOs of public entities are employed or removed from employment. It is apparent from section 197 of the Constitution that through this legislation, parliament intended to guarantee tenure of office of people appointed as Ceo’s of State controlled entities,”he said.

Muchenje was represented by Innocent Chingarande of Titan Law and Advocate Taona Nyamakura.

 

Muchenje was suspended on 21 February 2020, challenged the suspension in the High Court,  and was granted an interim order  against NetOne.

NetOne then withdrew all the charges against Muchenje on July 8 2020, and reinstated  him back to work  with all benefits.  A day later on 9  July 2020, NetOne terminated Muchenje’s contract on notice using common law and the Labor Act.

Muchenje approached the High Court and was granted an interim order against NetOne.

On 21 December 2020, NetOne once again reinstated Muchenje and immediately issued him with a termination letter using termination on notice based on common law and the Labor act again, they also stated that the  president had ascended to him  being fired as CEO.

He  challenged  this latest dismissal, a matter  which  was then referred to the  labour  court 

Meanwhile NetOne is a shadow of its former glory under Muchenje, with bad network quality, no sim cards, no airtime, no recharge cards, no One Money debit cards and data that is  always not working. The Courts have spoken and Netone must deliver once again.

NetOne  board will likely  appeal and block Muchenje again and the task at hand for Muchenje to stir  it back to its  hey days will not be easy.

@admin_techno

Instagram introduce Lite app

Previous article

ICT Minister pronounces E-learning Strategy For Zimbabwe Schools

Next article

You may also like

Comments

Leave a reply

Your email address will not be published. Required fields are marked *

More in #MondayBlues