adminPatrick Chitumba Midlands Bureau Chief
FIRED City of Gweru town clerk, Mr Daniel Matawu, yesterday appealed to the Labour Court to set aside the decision to terminate his contract.
Mr Matawu was fired from the local authority last week by the Local Government Board on the recommendation of a disciplinary committee headed by former Bulawayo town clerk, Mr Moffat Ndlovu.
The disciplinary committee had found Mr Matawu guilty of 15 counts of gross incompetence and neglecting his duties at town house and the Local Government Board approved its recommendation to fire him.
Mr Matawu was appointed town clerk of the local authority in 2007 before he was suspended without pay and benefits on January 15, culminating in his subsequent firing last week on Monday.
Yesterday, Mr Matawu, through his legal representative, Mr Reginald Chidawanyika of Chitere Chidawanyika and partners, filed an application for review at the Labour Court citing Gweru City Council, the chairperson of the commission running Gweru Mr Tsunga Mhangami as well as the Local Government Board.
According to the grounds of review contained in his application, Mr Matawu alleged that there were gross irregularities in the proceedings and the decision of the disciplinary committee.
“The applicant was denied the chance to cross examine witnesses and challenge evidence. The committee refused to take heed of the applicant’s request to have the employer presenting its case so as to afford the applicant the opportunity to challenge and controvert the allegations levelled against him.
“The disciplinary committee allowed an additional person namely Mr Jaravani to participate and assist it in making decisions to the prejudice of the applicant. This constitutes a gross irregularity which vitiates the proceedings more so due to the fact that Mr Jaravani had played the role of crafting charges against the applicant. He therefore acted as both the prosecutor and the judge of the same matter,” reads part of the Grounds of Review.
The appeal said Mr Mhangami should not have been involved in the proceedings as the term of office of the commission or caretaker council he chairs had expired.
Mr Matawu said the disciplinary proceedings were spearheaded by the commission when the High Court had also invalidated the suspension of councillors and reinstated them. He said the decision to fire him must, therefore, be set aside.
Online Reporter