Source: Fresh hearing ordered for ZACC duo | The Herald June 13, 2017
Fidelis Munyoro Chief Court Reporter
The Zimbabwe Anti-Corruption Commission (ZACC) has been ordered to hold a fresh hearing for its two sacked managers before a properly constituted disciplinary committee. Mr Christopher Chisango, who was general manager finance, administration and human resources; and Mr Gibson Mangwiro, the chief accountant, were fired after being convicted of misconduct.
They applied for a review of proceedings through their lawyer, Mr Albert Chambati of Chambati, Mataka and Makonese law firm, arguing that the disciplinary committee was improperly constituted.
The duo sought to set aside their dismissal.
In a recent judgement, Labour Court judge Mrs Fatima Maxwell allowed the application by the duo and set aside the dismissal.
“The matter be and is hereby remitted for rehearing before a properly constituted disciplinary committee,” said Mrs Maxwell.
She said ZACC failed to comply with the law regulating disciplinary matters.
“I find that the failure to comply with the provisions of Section 2 of Statutory Instrument 15/06 was an irregularity that vitiates the proceedings,” said Mrs Maxwell.
She ruled that Mr Chisango and Mr Mangwiro would remain on suspension on full salary and benefits pending the disciplinary hearing.
The duo was in June of last year brought before a disciplinary committee on charges of misconduct.
They were found guilty and were discharged from service a month later.
Dissatisfied with the manner in which their case was handled, the duo applied for review of proceedings at the Labour Court.
They argued that the disciplinary committee was not properly constituted in terms of Section 2 of SI 15/06 because it was not constituted of both employer and employee representatives.
The committee was only comprised employers’ representatives.
In August last year, ZACC reinstated eight of the 19 investigation officers it had suspended for alleged corruption, insubordination and divulging the organisation’s secrets.
The eight, who were suspended for three months, were reinstated after serving only six days of their suspension, raising suspicions that senior managers at the anti-graft body could be victimising the workers.
The workers argued that the victimisation emanated from their pursuit of a labour case in which they won an arbitral award of $1,5 million for outstanding allowances and benefits.
They also accused some managers, led by acting secretary Senior Assistant Commissioner Silence Pondo, of attempting to block the investigation of some high profile cases.