adminMashudu Netsianda Senior Court Reporter
FORMER Beitbridge Town treasurer, Rejoice Somakhiwa has dragged his former employer to court following his eviction from a council house.
Somakhiwa, who was fired two months ago over alleged mismanagement of funds, is seeking an order barring Beitbridge Town Council from taking any action against him pending the finalisation of his labour case.
Somakhiwa, through his lawyers, James Mutsauki of James Mutsauki Attorneys filed an urgent chamber application at the Bulawayo High Court seeking an order for stay of execution.
He was suspended from work in April 2014 on allegations of mismanagement of funds before he was fired on September 15 this year.
The Beitbridge magistrate’s court found him not guilty of fraud charges, but another magistrate later ordered his eviction following an application by the council.
In court papers, Somakhiwa is the applicant while Beitbridge Town Council and the Messenger of Court in Beitbridge were cited as respondents.
“On September 15, 2015, I received a notice of dismissal from work and the resolution to dismiss me was made before the finalisation of criminal proceedings.
“This resulted in me challenging the resolution to relieve me of my duties at the Beitbridge Town Council and the labour dispute is still pending at the dispute resolutions forum in the Department of Labour,” said Somakhiwa in his founding affidavit.
The council’s decision to evict Somakhiwa from its house in the border town’s low density suburb follows a ruling by a Beitbridge magistrate on October 20.
Somakhiwa is however, challenging the eviction, arguing that he had a right to occupy the house until the labour matter is finalised.
“I respectfully submit that the first respondent (Beitbridge Town Council) acted prematurely by summarily evicting me from their house and embarrassing me in public.
“As I make this application my household property has been thrown out onto the streets and my family has been rendered destitute as I’ve no alternative accommodation.
“I humbly pray to this honourable court to stay the execution handed down against me by the Beitbridge magistrate’s court until the labour matter is finalised,” argued Somakhiwa.
The hearing of the matter has been set for Friday before Justice Maxwell Takuva.
Online Reporter