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Innocent Ruwende Senior Reporter
Harare Mayor Councillor Bernard Manyenyeni has come under fire from lawyers representing suspended acting town clerk, Mrs Josephine Ncube after he allegedly instructed a consultant to cancel her scheduled interview for the town clerk position on account of pending legal issues.
Mrs Ncube was suspended together with three other directors on allegations of financial abuse following a report by a tribunal set up in February to investigate council’s employment costs compliance.
Through her lawyer, Mr Sternford Moyo of Scanlen and Holderness, Mrs Ncube wrote to Mayor Manyenyeni arguing that she had applied for the position and was scheduled to be interviewed by a consultant Mrs L. Oosthuizen.
“Our client received with shock and disbelief information to the effect that you had directed Mrs Oosthuizen to cancel her interview on account of pending legal issues. Your conduct in this regard is unlawful, highly irregular and improper particularly in that our client has not been found guilty of any offence or misconduct,” reads part of the letter.
“There is absolutely no legal basis for the instruction you issued. Our client is entitled to be dealt with impartially. The bias in your conduct is manifest. The processes of the recruiting consultant are meant to be independent and free from your directions.”
The lawyers argued that it was shockingly improper for Clr Manyenyeni to direct the consultant in the manner he did and demanded that the “unlawful instruction” be lifted by close of business on Monday May 14, 2018 failure of which legal action would be instituted.
They also argued that they are challenging the lawfulness of Mrs Ncube’s suspension in the High Court and the proceedings of the disciplinary committee.
Responding to the letter, Clr Manyenyeni said the recruitment of the town clerk was no longer being handled by the Institute of Personnel Management of Zimbabwe, of whom Mrs Oosterhuizen was part.
“The change was necessitated by factors beyond our control. No applicant for the town clerk’s post has suffered any prejudice, because of the changes of the consultants. Therefore your client has no cause for complaint,” read the letter.
In 2016, council appointed former banker Mr James Mushore to the post of town clerk, but just a few hours after council announced his appointment, Government rescinded the decision because the local authority flouted procedures of appointment as laid out in the Urban Councils Act.
Since then successive efforts to fill the position have failed with council clashing with the Local Government Board.
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