In a new twist of events, Reward Kangai, the axed NetOne Executive filed an urgent chamber application last Wednesday, seeking to block NetOne from auctioning the CEO post through a submission presented by his lawyer Mr Tendai Biti.
The urgent application was heard by Justice Priscilla Chigumba on Wednesday who reserved judgment, which is set to be delivered anytime this week.
In his 13 page submission, Reward Kangai argued.”
I aver that I am still the respondent’s (NetOne Cellular Pvt Ltd) incumbent chief executive officer as respondent’s purported termination of my contract of employment is unlawful and a nullity. Moreover, the legality of the respondent’s actions is still to be determined by a court of competent jurisdictions under the applications aforementioned,” argued Kangai through his lawyers Tendai Biti.
“I have a reasonable fear and well-grounded apprehension of injury that the respondent will fill up my position before the court reaches a decision in the applications aforementioned.” Continued his submission.
Kangai is challenging the advertising of his post stating that it will deprive him since the court challenge against termination of contract he made is still to be heard, hence the nullity of termination of his contract.
“I aver that an interdict in the face of pending litigation involving the legality of the respondent’s purported termination of the contract of employment is the only available remedy which will avert injustice in this instance.”
“There is a grave possibility that I will suffer irreparable harm should the respondent fill up my position before the real issues are determined by the Court in the pending applications.”
NetOne had initially leveled corruption and abuse of power charges against Kangai, which were then dropped, in a letter addressed by the then chairman Alex Marufu, dated 3 October 2016, before terminating his contract on the infamous three months notice basis, stated:
“The withdrawal of charges does not, however imply and must not be read to mean innocence on your part, and the employer’s rights remain fully reserved, in terms of Labour Civil and/ or Criminal Law, as may be appropriate,” read part of the letter.
Nine days later, NetOne board wrote Kangai on the 12th of October notifying him that his contract had been terminated on the three months labour law, which was effective on from November 1 to January 31.
His lawyer challenged the position in the courts which he seeks to be first clarified before NetOne continues to advertise his post.
“The way you are treating our client in casu, is reflective of a public board that has no respect to the basic human and labour rights as protected in the Labour Act as well as the Constitution of Zimbabwe. We also find it unacceptable, that you proceeded to write the letters in question when you knew that, your initial disciplinary proceedings were already being challenged in the High Court of Zimbabwe,” said the challenge.
The matter now fully depends on the determination of Justice Priscilla Chigumba, who is presiding over the case., which is likely to be delivered this week.
The move is a major blow against NetOne progression which was now set on an serious acceleration path as it gears to take over the market with new products and services.