Former MSU director case dismissed

A FORMER director of the Graduate School of Business Leadership at Midlands State University (MSU), Mr Alois Matongo, suffered a setback in his attempt to claim US$160 000 in terminal benefits from the university following the dismissal of his case by the court.

Mr Matongo, a self-actor, sought an order from the magistrate court to compel MSU to pay his terminal benefits following his dismissal over a decade ago.

However, the Gweru provincial magistrate, Mr Arnold Maburo, dismissed the case, noting that it would be unprocedural for his court to act as an appeal court given that the Labour Court, a superior court, had already dismissed the case for lack of merit.

“This matter was taken to the Labour Court and presided over by a judge who dismissed it. It was again taken to the High Court and also dismissed. From the documents filed and evidence placed on record, it is clear that all the claims by the complainant were dismissed,” said Mr Maburo.

He advised Matongo to appeal to the Supreme Court if he wished to continue pursuing the matter. “The complainant is coming to the criminal court to ask the court to sit as an appeal court and make a contrary finding made by the High Court Judge and the Labour Court Judge. It is on this basis that this court has no jurisdiction to entertain this matter,” ruled Mr Maburo

Mr Matongo who was dismissed in 2010 following an internal disciplinary hearing, claimed that the university owes him US$160 000 in terminal benefits.

In its defence through its legal officer, Mr Shepherd Mafa, MSU argued that the magistrate court lacked jurisdiction to handle the matter, which has already been determined by the Labour Court and the High Court.

“These courts are superior to the magistrates’ court so their decisions cannot be overturned by a magistrate. If Mr Matongo was dissatisfied with the Labour Court decision, he should have appealed to the Supreme Court,” argued MSU.

Mr Matongo was dismissed in 2010 following an internal disciplinary hearing after he authored and circulated a document titled “Report of Corruption, Misgovernance and Abuse of Power at Midlands State University Graduate School of Business Leadership,” which portrayed the university negatively.

The document was also published by the Sunday News between September and October 2009. Mr Matongo appeared before the MSU staff disciplinary committee, chaired by retired Supreme Court judge Justice Ahmed Ebrahim, which found him guilty of bringing the university into disrepute and recommended his dismissal.

After his dismissal, Mr Matongo’s appeal to the university’s appeals committee was also upheld. In 2016, Mr Matongo was interviewed by auditors from Deloitte during a forensic audit commissioned by the University Council through its finance committee.

The audit was prompted by allegations, including that the deputy bursar for planning, Mr Douglas Zvidzayi, was awarded a pass mark for his MBA dissertation under controversial circumstances.

As the director of MSU’s Graduate School of Business at the time, Mr Matongo was interviewed regarding this allegation.