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Daniel Nemukuyu Senior Reporter
A bid by jailed former Chitungwiza municipality town clerk Godfrey Tanyanyiwa to nullify his suspension and subsequent dismissal hit a snag when the Labour Court dismissed his review application. Labour Court President George Musariri on Friday ruled that the decision by Chitungwiza municipality to suspend and conduct a disciplinary hearing against Tanyanyiwa was proper and in line with the law.
The council’s disciplinary authority last year found Tanyanyiwa guilty of fraud and incompetence before recommending his dismissal to the Local Government Board.
While his criminal case of fraud was still pending at the Harare Magistrates Court, Tanyanyiwa filed an application for review of the local authority’s decision, arguing that the code of conduct did not provide for any disciplinary action to be taken against a town clerk.
He sought to have the process nullified arguing that the municipality had no jurisdiction to conduct disciplinary proceedings against a town clerk.
Mr Rogers Matsikidze of Matsikidze and Mucheche law firm represented the municipality.
Mr Musariri confirmed the process to be proper and lawful.
“Applicant’s argument that the respondent should have used its code of conduct cannot be sustained. Wherefore, it is ordered that the application for review is hereby dismissed and each party shall bear its own costs,” ruled Musariri.
Mr Tanyanyiwa was called for a disciplinary hearing but he refused to attend resulting in ajudgement for dismissal being delivered in his absence.
The authority noted that Mr Tanyanyiwa was not remorseful in view of his failure to attend the hearing, adding that the people of Chitungwiza ‘deserved better than they were experiencing now’.
Charges against Mr Tanyanyiwa included the fraudulent awarding of contracts, illegal allocation and subdivision of stands and buying management vehicles without council authority.
He was accused of awarding a US$2 million contract to Centenary Plant and Equipment valued for the supply of 10 refuse trucks without a council resolution and without going to tender.
Mr Tanyanyiwa was allowed to buy for up to US$10 000 without council approval.
He was accused of issuing a hire purchase order for refuse collection trucks worth US$2.5 million to Autoemporium Private Ltd without council permission and without a tender.
Mr Tanyanyiwa also faced charges of unprocedurally authorising the subdivision of several stands in the town.
The stands were initially reserved for schools and churches, but were converted into residential use.
He was also accused of transferring US$80 000 to Floburg Real Estate under the guise of paying for the servicing of Nyatsime stands. It later transpired that the payment was for a house in Chisipite. He was also accused of putting his housemaid on the council payroll.
Mr Tanyanyiwa was paid a monthly allowance of US$200 for his housemaid but instead put the housemaid, one Mary Muzanenhamo, on a council salary of US$562,30.
Mr Tanyanyiwa is languishing in prison after being sentenced for two and a half years for swindling the local authority of over US$80 000.
Harare magistrate Mr Hosea Mujaya convicted Tanyanyiwa on three counts of fraud and concealing from a principal a personal interest in a transaction.
He sentenced him to six years in jail, but set aside 18 months on condition of good behaviour.
A further two years were suspended on condition that Tanyanyiwa restitutes US$80 000 to Chitungwiza municipality by December 30.
On the count pertaining to concealing a personal interest from a principal (Chitungwiza municipality), Mr Mujaya ordered Tanyanyiwa to pay US$300 fine or spend a month in jail.
He was also slapped with one year on another count of prejudicing the council of US$6 500.
However, the sentence would run concurrently with the sentence on the first count. Mr Mujaya said Tanyanyiwa deserved a custodial sentence since the offence was premeditated.
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