Suspended Lupane Town Secretary takes fight to court

Mashudu Netsianda, Senior Court Reporter

LUPANE Town Secretary, Mr Chalton Moyo, who has a pending case of criminal abuse of office, has approached the High Court challenging his suspension by the local authority.

Mr Moyo was last year arrested for criminal abuse of duty as a public officer together with two other senior employees at Lupane Local Board who allegedly awarded themselves council tenders in breach of the law.

Mr Moyo, through his lawyer Mr Nqobani Sithole of Ncube Attorneys, filed an application for a declaratur at the Bulawayo High Court citing Lupane Local Board as a respondent.

He wants an order nullifying his suspension, arguing that it was inconsistent with the Labour (National Employment Code of Conduct) Regulations, 2006. Mr Moyo wants the court to direct his employer to reinstate him without loss of pay and benefits.

In his founding affidavit, Mr Moyo said he received a letter of suspension from work on the basis that he was investigated by CID detectives. The matter is before the courts and he was suspended pending the outcome.

He said Lupane Local Board does not have its own registered code of conduct and relied on the Labour (National Employment Code of Conduct) Regulations, SI 15/06.

“The respondent has never instituted disciplinary proceedings against me since my suspension and as such I have remained on suspension for the past seven and half months,” said Mr Moyo. He said his employer indicated that the suspension was to facilitate the criminal proceedings before the Lupane magistrate’s court.
Mr Moyo argued that his suspension is premised on the belief that he committed an act of misconduct hence the need to investigate it, and if warranted, a hearing should be done and render a determination.

“I am advised by the counsel and which advice I accept to be correct that such can never be a basis of the suspension from employment as it should be on the basis of a belief that an employee has committed an act of misconduct as set out in section 4 of the Labour (National Employment Code of Conduct) Regulations, 2006 (Statutory Instrument 15 of 2006),” said Mr Moyo.

He said the suspension is illegal, arguing that it went beyond the stipulated 14 days.
“My suspension, if legally valid, which I am advised it is not, should have ended on or about February 21, 2019, being the date when the 14 days would have lapsed. As such I seek a declaratur that my suspension was illegal as it was not motivated by the belief that an act of misconduct had been committed by myself,” said Mr Moyo.

“I am unable to move on with my life. If I were to seek alternative employment, I would be deemed to have repudiated my contract. If I do nothing my family and I will starve to death and I am in a catch 22 situation and in the premises, I pray for an order in terms of the draft”.
Lupane Local Board is yet to respond. Mr Moyo was arrested together with the local authority’s acting Engineer Sibonginkosi Dube, who operates Malunguza Hardware in Lupane. Dube allegedly awarded himself a tender to supply material for the construction of a $300 000 Civic Centre by the local board.

Dube, who was employed as a Technician and was elevated to acting Engineer when the local authority attained town status, was responsible for overseeing construction work.

In June last year, he was paid an undisclosed amount of money to supply 400 bags of cement but only managed to deliver 20 bags and work on the project has stalled.

Dube’s alleged accomplice is Zondubuhle Mhlanga, a Buildings Inspector. They have since appeared in court. They allegedly acted unlawfully by not advertising for tenders and unprocedurally awarding contracts. – @mashnets