adminFidelis Munyoro Chief Court Reporter
Three Mutare City Council executives have been cleared of allegations of gross incompetence after a disciplinary hearing. Council treasurer Mr Lloyd Musasa, human resources director Mr Aaron Chemvura and acting chamber secretary Ms Gladys Muneta were suspended early last year pending an audit of Mutare Municipality Medical Aid Scheme (MMMAS). MMMAS was a thorny issue, particularly with workers.
They were making contributions, but were not getting services.
The scheme was embroiled in corruption allegations, with senior management’s relatives allegedly benefiting from the medical aid facility in spite of not being part of council’s workforce allegedly with the approval of the human resources director.
Mutare lawyer Mr Chris Ndlovu, who presided over the hearing, ruled that council failed to make a case against the three.
He said the charges levelled against the trio were “political” and meant to please Local Government, Public Works and National Housing Minister Saviour Kasukuwere.
“I am satisfied that the three employees Mr Musasa, Mr Chemvura and Mrs Muneta have no case to answer. I accordingly find them not guilty and I acquit them,” said Mr Ndlovu.
Mr Ndlovu agreed with the trio’s lawyer, Mr Joel Mambara of J Mambara and Partners, that no evidence was adduced to show that the performance of any of the three workers was ever appraised adversely. He found it hard to believe that suddenly the workers became grossly inefficiency and incompetent without first being advised of the shortcomings.
“It would appear that employer had to please the Ministry of Local Government by preferring charges,” he said.
“Such a motion can at best be described as political rather than for administration.”
Mr Musasa was facing six counts of incompetence.
On the first count, Musasa was alleged to have processed payment of unbudgeted expenditure.
This was allegedly for payment of senior managers’ allowances like holidays, electricity, housing and school fees for their children.
The conduct was allegedly a violation of the Public Finance Management Act (Chapter 22:19).
It emerged during the hearing that such allowances were part of senior managers’ condition of service. It also emerged that it was a norm that the budgets sent for ministerial approval are cosmetic and doctored to impress the Minister so that he could give his assent and approval. Council failed to convince the disciplinary authority that the managers were not supposed to get allowances.
In this regard Mr Ndlovu found the conduct of Mr Musasa inevitable and excusable at law.
“In an event I am not persuaded that the allowances expenditure was irregular and wasteful,” he ruled.
On the charge relating to MMMAS, Mr Musasa was accused of failing to open a separate bank account to ensure proper accountability of funds, Mr Ndlovu found that though unhealthy, the system to allow top managers to get cash reimbursements from the main council account had full blessings of management and council itself.
Mr Chemvura was also accused of failing to put in place a management structure for the MMMAS operation.
However, Mr Ndlovu ruled that it would be unfair to target Mr Chemvura alone for omissions caused by the interim board.
Online Reporter