adminof Airzim’s fleet of vehicles, computers and furniture attached by the Deputy Sheriff for failing to settle a US$140 000 debt it owes a former senior manager.
The Deputy Sheriff was acting on an arbitral award compelling the national airline to pay Dr Stephen Nhuta, a former sales and marketing manager, US$141 790,82, as retrenchment package.
Air Zimbabwe marketing and public relations executive Ms Shingai Taruvinga, however, insisted that Air Zimbabwe Private Limited was protected by the Finance Act and its property had since been returned.
“The debt is owed by Air Zimbabwe Holdings and the judgment debtor has full protection of the law,” she said, confirming that the Deputy Sheriff had attached cars, computers and furniture, but that they had since been returned. She said Air Zimbabwe (Pvt) Ltd had also appealed against the judgment.
“The process is under way and we are pursuing it through our lawyers Mutumbwa and Mugabe,” she said.
Ms Taruvinga alleged that some individuals were trying to cause national embarrassment to derail efforts of Air Zimbabwe’s turnaround strategy. She said this was part of a grand political strategy of causing national embarrassment.
“It is common knowledge Air Zimbabwe has obligations but has not been able to settle and is protected under Section 8 and 9 of the Finance Act of 2012, which makes it impossible to attach or attempt to attach any property until protection period has ended in 2015,” she said.
“The airline is meant to serve and provide a public service and the beneficiaries are people of Zimbabwe, who benefit from competitive fares. The ability to travel should not be confined to one’s means, but it is a basic right available to everybody.”
Dr Nhuta’s lawyer Mr Caleb Mucheche of Matsikidze and Mucheche Law Chambers yesterday confirmed the attachment of the airline’s property.
“Yes, Air Zimbabwe retrenched Dr Nhuta and did not pay him any cent. So we went to the High Court and he won the case. We then wrote to the sheriff last Friday to execute the order,” said Mr Mucheche.
He said Air Zimbabwe had argued in their application that they were protected under certain provisions of the Finance Act number 2 of 2012. But the court could not accept the argument and threw out the application on April 24, 2013.
“We have a 10-page judgment stating the dismissal of their application. The judgment states that the Finance Act does not protect Air Zimbabwe and their property can be attached,” said Mr Mucheche.
The dispute between Dr Nhuta and the airline arose after he was retrenched without any benefits. On October 25, 2010 an arbitrator, Mr C Mesikano, granted Dr Nhuta an arbitral award and Justice Andrew Mutema registered it.
It was the arbitrator’s finding that Air Zimbabwe violated the code of conduct by withholding the worker’s salary and benefits and by inconsistently varying and changing dates and terms of reference of the worker at very short and unreasonable intervals.
Online Reporter