The highest court in the land, Constitutional Court, has dismissed the suspension ruling made by the NetOne board against their Chief Executive Officer, Mr Lazarus Muchenje stating the resolution was made by an improperly constituted meeting.
Muchenje was suspended by the NetOne board almost three weeks ago on allegations of funds mismanagement, purchasing furniture office without board approval, procuring fuel via unauthorized or licenced dealers, and purchase of old vehicles beyond 5 years amongst others.
The executive did not agree with the procudeure used to suspend him and contested this case on technicality of the procedure.
However, Muchenje is not off the hook yet as court nullified the suspension on basis of the procedure not the circumstances that led to that decision by the board meeting.
In his court papers, Muchenje cited four board members as respondents – Ms Susan Mutangadura, Mr Winston Makamure, Dr Ranganai Mavhunga, Mr Paradzai Chakona and Dr Douglas Mamvura.
But in a twist of events, Muchenje’s appeal arguments convinced Justice Chirawu-Mugomba who on Tuesday ruled in his favour.
Mugomba argued that the resolution to suspend him was made by an improperly constituted meeting.
The outcome did not go down well with the board which argued that it was more of a labour issue than a constitutional one.
Justice Chirawu-Mugomba shot down the line of argument saying it was a purely constitutional matter which had nothing to do with labour issues.
The matter however is set on a heavy showdown as the board will now obviously retaliate, according to the procedure, and will likely come back guns blazing to consolidate their position.
The board is determined to see that this case is brought to conclusion and are likely to give thier all to prove their charges which they have laid against the executive.
This legally means that Muchenje is back at work, but for how long, before they procedurally suspended him again, and this time it may be a new twist altogether as they are determined to see him go.