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Senior Court Reporter
Unfair labour practice has backfired on the Zimbabwe Anti-Corruption Commission, with three of its top-of-the range vehicles going under the hammer on Saturday to compensate a senior investigator.
ZACC unlawfully withheld a vehicle, fuel and cellphone allowance from Mr Sydney Ushe for close to two years, a development that the Labour Court condemned as illegal.
Mr Ushe, who investigated the case in which former ZIFA chief executive Ms Henrietta Rushwaya was being accused of masterminding the Asiagate scandal, had several charges preferred against him at work but they could not be sustained.
On Saturday, Ruby Auctions sold three Toyota vehicles registration numbers ACM7001 ($10 000), ACM7004 ($10 000) and ACM 6998 ($9 800) and a Kipor Generator ($700) to settle damages amounting to $24 532.
The vehicles went for a song due to mismanagement and unfair labour practice, a problem that has become costly to most commissions and parastatals in the country. Mr Ushe’s woes started when he was investigating the Asiagate scandal and he was slapped with a “transfer” on July 4, 2012 to the Finance, Administration and Human Resources Division of the commission without explanation.
The transfer, however, resulted in Mr Ushe losing some of his benefits although he remained on the same grade.
Part of the transfer letter authored by now jailed former chief executive Ngonidzashe Gumbo reads: “This is a lateral transfer therefore his grade and conditions of service remain the same. The transfer is for a period of six (6) months where upon it shall be reviewed.
“Senior investigating officer Ushe is to officially hand over all records and assets relating to his current duties to the General Manager Investigations before assumption of duty at Head Office on July 5, 2012.”
After the transfer and subsequent withdrawal of benefits, Mr Ushe filed a complaint with the Labour Ministry.
While the case was still pending, ZACC then charged him with misconduct.
The commission accused him of negligently leaving Ms Rushwaya’s Asiagate docket at the offices of Dr Cuthbert Dube at Premier Service Medial Aid Society during investigations.
He was also accused of travelling to Muzarabani with a commission vehicle without authority. The commission also charged Mr Ushe for allegedly assisting some parties in a case he was investigating to reach an out of court settlement.
However, he was cleared of all the charges and the Labour Court went on to grant him damages to the tune of $24 532.
Mr Ushe then successfully had the Labour Court order registered with the High Court, resulting in the commission’s property being attached and auctioned.
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