Kangai approached the court early this month, claiming that he was still
the NetOne boss, arguing that his post can only be replaced after the
finalisation of his case in which he is challenging his dismissal by the
parastatal, which is still pending in court.
In her ruling, Makoni said that Kangai’s application was similar to the
one which was previously dismissed by High Court judge Priscillah
Chigumba.
Makoni handed down the ruling after hearing the matter in her chambers
yesterday.
She said Kangai could not have had a legitimate expectation of contract
renewal since NetOne had not advised of such an intention six months
before contract expiry as provided for in his employment contract.
The court further noted that the relationship between the two parties had
broken down; adding that in any event Kangai had no legal standing to
bring such a court application as his employment contract expired on June
30, 2017.
Kangai had approached the court seeking a prohibitory interdict to stop
his former employer from filling his post.
He demanded the post to be filled after the court has fully determined the
legality of his contract’s termination, in a matter which is yet to be
finalised.
Zimbabwe’s government-owned mobile firm NetOne has said it paid Kangai
$247 000 following the termination of his employment contract.
Kangai was sent on forced leave in March 2016 after the company’s board
sanctioned a forensic audit into the affairs of the country’s second
largest mobile phone operator.
He was suspended from work without pay and benefits on October 3 last year
after an external auditor PriceWaterhouseCoopers completed a
board-sanctioned probe into the goings-on at the mobile phone operator.
Kangai is currently battling to be reinstated, but the company claimed in
court papers that the payout made to him in March this year resolved all
outstanding issues, and was supposed to abandon his High Court
applications in which he is alleging unfair dismissal.
The fastest growing network in the country, with the number of active
subscribers rising 5,5 percent to 4 360 208 over the previous quarter,
approached the court last month seeking an order to be granted permission
to file a supplementary affidavit, which states that Kangai was paid his
money.Ex-
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