Chronicle Editor
Munyaradzi Musiiwa, Sunday News Reporter
DISMISSED Gweru Town Clerk Ms Elizabeth Gwatipedza has approached the High Court challenging the dismissal procedure that was taken by her former employers accusing the local authority of failing to follow proper procedures.
Gweru City Council last week announced that it had terminated employment for Ms Gwatipedza after finding her guilty of two offences and went on to terminate her benefits immediately.
Ideally, the local authority was supposed to recommend the dismissal to the Local Government Board which will either uphold or disregard the decision, her lawyers said.
Ms Gwatipedza through her lawyers Mutatu Legal Practitioners, approached the High Court arguing that the local authority has to wait for the Local Government Board to sit and deliberate on the matter before the employment could be terminated.
Her lawyer, Mr Valentine Mutatu argued that it was premature for Gweru City Council to act on the recommendations by the Disciplinary Authority without the approval of the Local Government Board.
The Local Government Board has not yet been constituted.
Mr Mutatu said Ms Gwatipedza will only cease to be the Gweru Town Clerk
only if the Local Government Board has approved the dismissal.
“We have approached the High Court over the unprocedural dismissal of Ms Gwatipedza. The Council adopted the decision by the Disciplinary Authority and informed the Local Government Board. Procedurally, the council should recommend to the Local Government Board which will either confirm or reject the recommendations. So we have said the local authority cannot terminate Ms Gwatipedza’s benefits without the approval by the Local Government Board. The post can neither be advertised nor filled before the conclusion of the matter,” he said.
Permanent Secretary in the Ministry of Local Government and Public Works, Mr Zvinechimwe Churu confirmed that the Local Government Board was yet to be constituted although he could not comment on the issue regarding the status of Ms Gwatipedza.
Gweru Mayor Councilor Josiah Makombe last week confirmed that Ms Gwatipedza had been relieved of her duties after being found guilty of inefficiency by a Disciplinary Authority following a full trial.
Cllr Makombe said after the trial the Disciplinary Authority recommended that Ms Gwatipedza be fired and the verdict was implemented by the council after notifying the Local Government board.
“It can be recalled that the Town Clerk Ms Elizabeth Gwatipedza was suspended last year on October 15, 2019. She went through a Disciplinary procession. Council is therefore notified that the Disciplinary Authority concluded its findings and came with a verdict and penalty in the following terms.
“Parties have filed written submissions in mitigation and aggravations to be considered the appropriate penalty following conviction of the Town Clerk on November 18, 2020 on the charge of willful disobedience to a lawful order and gross inefficiency in the performance of her duties. Gweru City Council takes a serious view of the offences. It has prayed for the dismissal of the Town Clerk.
“It is recommended the council adopts the finding of the Disciplinary Authority in their entirety without any amendments. That the dismissal of the Town Clerk from the employment of the City of Gweru is hereby adopted by council with immediate effect. That council notifies Ms Elizabeth Gwatipedza of her dismissal from employment. That the council notifies the Local Government Board of the dismissal of Ms Gwatipedza as the Town Clerk of City of Gweru,” reads part of the letter from Disciplinary Authority.
Cllr Makombe said Ms Gwatipedza had been informed of the decision by council.
Bongani Ndlovu