Council loses case against Chingombe

Blessings Chidakwa

Municipal Reporter

Harare City Council lost a labour case against its human capital and development director Mr Cainos Chingombe after the local authority’s lawyers filed defective papers at the Labour Court.

Council lawyers delayed in filing papers at the Labour Court, prompting them to seek condonation of late filing of the documents.

Labour Court judge Justice Custom Kachambwa dismissed the application, paving way for Mr Chingombe’s return to council. Chingombe was fired in April this year. The Labour Court struck off the local authority’s application for condonation of late filing of its papers in the labour dispute on the grounds that it was defective.

In dismissing Harare City Council’s application, Justice Kachambwa said: “The application is defective. It should have attached the intended application for leave to appeal. Secondly the founding affidavit and the draft are at large, they are not in sync. There is no application before the court. This is not a case for punitive costs.”

Justice Kachambwa therefore ordered that the application be struck off with costs.

Sources within the finance department, however, said other suspended directors who had been struck off the payroll are likely to follow Mr Chingombe’s route.

“Millions of ratepayers’ money are being lost annually on legal costs. There are many cases involving top bosses including James Mushore who was paid US$113 000 in damages after only serving a day as town clerk.