Online Reporter
Lovemore Dube
Zimpapers Sports Hub
HIGHLANDERS’ charge sheet against suspended chief executive officer Denzil Mnkandla cites the wrong sub-section of the national employment code in three of its four counts.
The document seen by Zimpapers Sports Hub invokes Section 4(f) of the Labour (National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006, for all four charges.
Section 4(f) covers gross incompetence or inefficiency, the offence cited in the first count.
Conduct inconsistent with the terms of an employment contract, the second charge, falls under Section 4(a). Wilful disobedience is covered by Section 4(b), while absence from work for five or more days without leave falls under Section 4(e).
The first count accuses Mnkandla of entering into an agreement with a third party and authorising the payment of US$42 200 without conducting proper due diligence.
Highlanders allege the club may have been prejudiced by more than US$20 000 through accommodation and camping arrangements for their pre-season tour of Botswana from February 24 to March 3.
The charge sheet compares the US$42 200 payment with the P170 622 charged by Travel Lodge. It describes the third-party agreement as covering accommodation and camping expenses but does not provide a breakdown of any other services included in the fee.
The money was released after documents were signed by former Highlanders chairman Kenneth Mhlophe and the late board member for finance, Nkani Khoza.
Sources said Khoza later questioned the difference between what Bosso had been charged and the figure available at the lodge’s front desk.
The club secretariat is also said to have been instructed to work with agents who collected the money in cash.
Players, technical staff and members of the executive and board received allowances for the trip. Board and executive members who travelled are said to have received US$700 each.
The second count accuses Mnkandla of entering into the agreement without the prior consent of the Highlanders executive committee, in breach of Clause 26(h) of his employment contract.
He is also charged with wilfully disregarding an instruction to provide receipts and invoices supporting the payments, together with the agreement entered into with Gilport Enterprises (Pvt) Ltd.
The fourth count alleges that Mnkandla absented himself from work for five days or more without lawful excuse or authority from June 29.
Mnkandla wrote to Highlanders saying he was incapacitated from reporting for duty after the club stopped paying his salary in March.
When other staff members received part of their salaries after the Dynamos match, Mnkandla was excluded despite a resolution that he also be paid.
The errors in the charge sheet add to questions over fresh evidence, the appointment of the disciplinary panel and whether Highlanders followed their constitution.
Sources close to the proceedings said no executive resolution appointing Vusi Vuma and Solomon Mguni to hear the case, or authorising Ndabezinhle Mazibuko to prosecute it, appears in the club minutes.
Those questioning the process have also pointed to a provision in the Highlanders constitution which states that a lawyer approved by members at an annual general meeting should be involved in disciplinary matters concerning members and employees.
The latest club minutes identify Nqobani Sithole as the club’s lawyer, but he is not involved in the proceedings.
Zimpapers Sports Hub understands the prosecution introduced evidence which had not previously been given to Mnkandla when the parties met last week.
His camp sought more time to study the material and prepare a response.
A sitting set for last Friday could not proceed because Vuma was unavailable following a bereavement. September 16 was then agreed on because Mguni has other commitments until that date.
Vuma, who chairs the tribunal, and lawyer Tofara Hwara of Tashaya Law Chambers confirmed the new date on Tuesday but declined to discuss the issues before the panel.
