Legal advisor sues permanent secretary over refusal of transfer

Mr Peter Mufunda claims that in October 2009, former Energy Minister Engineer Elias Mudzuri appointed him to run the affairs of ZERC after the contracts of the six commissioners had been terminated.
Efforts by Mr Mufunda to move into the ZERC offices were frustrated by the permanent secretary Mr Justin Mupamhanga who reportedly blocked the move and advised him to carry out ZERC business from the ministry’s offices.
Mr Mufunda accuses Mr Mupamhanga of refusing to forward his secondment papers to the Minister so that the Public Service Commission facilitates the transfer to the parastatal.
He has now filed a court application seeking an order compelling Mr Mupamhanga to forward the transfer papers to the Public Service Commission within seven days of the issuance of the court order.
Through his lawyers Mthombeni and Muzawazi, Mr Mufunda is also seeking an order directing PSC to make a decision on the transfer within 14 days.
At ZERC, Mr Mufunda is responsible for effecting authorisations, setting tariffs, issuance of licences, attending to public complaints and ensuring the power utility complies with the law.
“I am full time in the ministry and full time at ZERC working many hours. At times I work until 12 midnight and sometimes I work during weekends,” said Mr Mufunda.
He said he was now doing all the work formerly done by six commissioners, but his employment with ZERC has not yet been regularised.
“On a number of occasions after I noticed that the first respondent (Mr Mupamhanga) was not acting on my transfer request, I then advised him to treat my case as a grievance and take it to PSC in terms of Section 55 of the Public Service regulations,” said Mr Mufunda.
“On February 21, 2011, first respondent told me he had not transmitted my papers for secondment to the commission.
“He did not give reasons why he had not done what is expected of him by the law, saying he is the chief executive of the ministry.”
In a brief notice of opposition, PSC chairman Dr Mariyawanda Nzuwa said the employer was wrongly cited in the proceedings.
“Second respondent (PSC) does not see why we are party to the application and yet the applicant has clearly stated that the first respondent never transmitted these papers to us for processing,” he said.
Mr Mupamhanga tendered a brief response, saying the claimed appointment was not valid because it was not done by the President.
“The minister is not empowered to appoint any commissioners,” he said. “The President does appointments though the minister submits a list to the President.
“Applicant is challenged to tender proof of appointment by the President.”
The matter is yet to be set down for hearing at the High Court.