By Robert Tapfumaneyi
EMBATTLED NetOne chief executive Lazarus Muchenje has again approached the High Court challenging his dismissal where he claims in papers that only President Emmerson Mnangagwa has the power to dismiss him from his post.
Muchenje was recently dismissed from the State-run company but is challenging the termination to be declared null and void by the courts.
He argues Mnangagwa is the only person who can fire him from his job.
Muchenje is suing Netone vice-chairperson Susan Mutangadura, board members, Winston Makamure, Ranagarirai Mavhunga, Beulah Chirume, Douglas Mamvura, and NetOne.
He also wants the NetOne board to be interdicted from publishing his illegal dismissal or the termination of his contract and advertising his position.
Makamure wrote and served Muchenje with the dismissal letter dated July 9.
However, Muchenje is arguing that the letter is ‘illegal’ and has ‘no force of law’ because Makamure is not an employee of NetOne and did not demonstrate that he has the authority to write the said termination on behalf of the company.
“Mandatory provisions of Section 11 of the Public Entities Corporate Governance which governs his dismissal had not been complied with,” he argued.
“The applicant (Muchenje) cannot be dismissed on notice as purported in the said letter in terms of his contract.”
“Makamure and NetOne have not demonstrated that the necessary President’s prior endorsement to dismiss the applicant has been sought and have accordingly acted arbitrarily, illegal and irrationally.”
Muchenje fears that since the printing of the next Government Gazette issue is imminent, his dismissal could be published.
“In the event that the respondents are not interdicted from giving effect to illegal dismissal letter which is illegal, arbitrary and lacks the President’s endorsement, the applicant will clearly suffer irreparable harm to his clear right from further illegal processes,” he said.