Chronicle Editor
Leonard Ncube , Victoria Falls Reporter
FORMER Victoria Falls housing director Mr Lot Siatimbula has lost a bid in the Labour Court to be reinstated to his job.
Mr Siatimbula was employed as director for Housing and Community Services until February 2017 when his contract was terminated after misconduct charges were levelled against him.
This was after he allocated a housing stand to his nephew Mr Sena Mumpande in 2016, purporting that council had made a resolution for the beneficiary to buy the stand number 1585 at 15 percent of the total cost of US$48 410.
Mr Siatimbula paid for the 3 300 square-metre stand on behalf of Mr Mumpande and he later sought a reversal of the payment before council raised the charges and suspended him.
He was eventually dismissed from work after an external disciplinary committee led by Advocate James Moyo of Calderwood, Bryce Hendrie and Partners found him guilty and recommended his dismissal from work.
He made a number of unsuccessful applications to the High Court seeking to reverse his dismissal before approaching the Labour Court with an application for condonation for late noting of an appeal.
The Labour Court last year struck off his application which was made in terms of Rule 22 of the Labour Court Rules Statutory Instrument 150/2017. In the latest bid, Mr Siatimbula who is the applicant and was represented by Mr Zibusiso Ncube of Ncube and Partners, sought an order setting aside the decision of the council disciplinary authority.
He wanted it to be substituted with a not guilty verdict and acquittal as well as reinstatement to his job without loss of salary and benefits, alternatively paying damages in lieu of reinstatement.
Mr Siatimbula argued that the disciplinary committee erred in finding him guilty and also misdirected itself by ignoring documentary evidence that he violated no council policy. Labour Court judge Mrs Mercy Moya-Matshanga heard the application and said it was a nullity and had no prospects of success; dismissing it with costs at a higher scale.
“I have included the issue of costs at a higher scale because the manner in which the matter was handled, the unnecessary dragging of the party to various forums was spectacularly woeful, particularly where legal practitioners were involved,” she said.
“The unexplained delay after the matter was struck off and failure to regularise it timeously shows tardiness on the part of the applicant and his chosen representatives and cannot be condoned. The application for condonation for the late noting of appeal be and is hereby dismissed and the applicant is ordered to pay costs on a higher scale to the High Court.”
Mrs Moya-Matshanga said it remained unclear at what stage the applicant notified the responded of intention to appeal. The council, represented by Mr Thulani Nkala of Dube, Nkala and Company opposed the application saying it was not practicable for it to constitute an appeals committee considering its size and circumstances, which is why an external disciplinary authority was constituted.
Victoria Falls was still a municipality when the applications were made. — @ncubeleon
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