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Harare City Council directors fight 2-year suspensions

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By Mary Taruvinga

HARARE City Council’s directors who were suspended without pay two years ago on allegations of misconduct have approached the High Court challenging the decision.

Cainos Chingombe, who was a Human Capital Director and Tendai Kwenda, Finance Director, were suspended in December 2017 following a full council resolution.

Two years later, they are seeking an order compelling the city council to reinstate them on grounds that their suspension were unlawful. Their positions have since been filled and occupied by new directors.

Chingombe and Kwenda filed their applications separately through their lawyer, Mugoni Mazani.

However, the pair argues that its dismissal was premised on “a false plethora of allegations which have never been tested in any court of law, whether criminal or civil.”

Their court applications show the two have unsuccessfully tried to return to work.

“All attempts to resume work have been met with fierce resistance by the council and despite the lapse of time, applicants have remained suspended until today,” reads Chingombe’s application.

“Applicant seeks an order compelling respondent to return to work without any hindrance, loss of income or benefits as his continued suspension is a violation of his labour and constitutional rights.”

According to the two, their properties are in danger of being attached due to default of payments hence the matter be treated with urgency.

“Despite the fact that the applicant (Chingombe) has for the past two years not had a salary and has been despoiled of his benefits due to the illegal suspension and his properties, including houses are about to be placed under judicial attachment owing to defaulted payments,” reads the application.

They submitted in their applications that their suspension was supposed to last for only 14 days.