Online Reporter
Business Reporter
FORMER board chairman of the National Social Security Authority (NSSA) Dr Emmanuel Fundira has challenged his recent dismissal, arguing the termination of his tenure lacks a proper legal basis.
The tenure of Dr Fundira, along with that of all other board members, was terminated on June 23, 2025, before its original expiry date in May 2028.
Dr Fundira, in a letter to Public Service, Labour and Social Welfare Minister Edgar Moyo, said the reason for the termination of his contract was “to lay a new foundation for NSSA.”
However, he noted the letter did not cite any specific section of either the NSSA Act or the Public Entities Corporate Governance Act to justify the decision.
After reviewing the relevant legislation, Dr Fundira asserts that Section 16 of the Public Entities Corporate Governance Act, titled, “Dismissal of board members of public entities,” is the applicable provision.
He contends that his dismissal does not align with the grounds for removal outlined in this section.
Section 16 stipulates that a public entity board member can only be dismissed or required to vacate office if they’re found guilty of conduct inconsistent with their membership, become disqualified for appointment, lose a required qualification, or fail to comply with their service conditions or performance contract.
Additionally, they can be dismissed if they, individually or with other board members, fail to create, comply with, or achieve material objectives of a strategic plan, or if they have unjustified absence from three or more consecutive board meetings.
The Act further requires the line minister to provide at least seven days’ written notice of the intended dismissal.
It also outlines a process for review if the Head of the Unit considers the dismissal unlawful or unjustified, potentially involving the Minister and, if unresolved, referral to the Cabinet with the President’s leave.
The Act also explicitly states that it “shall not be construed as denying a board member any remedy to which he or she may be entitled concerning unfair or unlawful dismissal or removal from office.”
Dr Fundira has requested a further review of the matter to ensure the correct legal provision is applied.
