Lawyers representing Dominic Mubayiwa, the former Zimbabwe Mining Development Corporation (ZMDC) boss, have accused the mining entity of neglect after they failed to respond to an application they filed with the Labour Court last month.
Mubayiwa, who was sacked from ZMDC last year, filed an application with the Labour Court seeking an order to set aside disciplinary proceedings presided over by retired High Court judge Justice Simbi Mubako
The former ZMDC chief executive officer chief executive officer wants the court to declare as null and void the decision taken by ZMDC and Mubako to dismiss him.
He also wants ZMDC to be compelled to reinstate him in his job with no loss of salary or benefits.
In a letter written to the registrar of the Labour Court, Mubayiwa’s lawyer Agmos Moyo of Kantor and Immerman protested that ZMDC and Mubako had not responded to their application for review, almost a month after they filed the application to ZMDC and Mubako.
“No opposition has been filed by the respondents to date. We ask that you now proceed to issue the notice of response to the respondents so that the matter may move forward,” said Moyo in the letter.
Mubayiwa says in his affidavit that his suspension and subsequent dismissal were “malicious” and that that the present ZMDC chairman Godwills Masimirembwa had something to do with his dismissal.
“I interacted with Godwills Masimirembwa for less than 20 working days before I was sent on forced leave in July 2010. It was clear from the onset that he had a specific task of removing me as the CEO and other senior managers from their posts,” Mubayiwa said.
“The reasons for this attitude are still not clear to me, but as I narrate this background, they are clearly malicious.”
He accused Masimirembwa of looting and of flouting tender processes and company procedure on numerous occasions.
He accuses Masimirembwa of unprocedurally appointing lawyers, Mutamangira and Associates against advice that such an appointment would raise an issue of apparent conflict of interest as he (Masimirembwa) was a board member of the law firm.
Masimirembwa nonetheless proceeded to engage the law firm which he subsequently paid $300 000 for services that Lovemore Kurotwi of Core Mining is now disputing.
“Masimirembwa had become the wonder chairman,” Mubayiwa’s affidavit reads. “From a single flypast mine visit, he had decided to review operations without senior management . . . Previously he had performed another wondrous act . . . On 8th July 2010, after 10 days in office, Masimirembwa recommended 33 names for approval by the Minister of Mines for the members to sit on the boards of subsidiary companies. The names were approved the same day by the minister.
“Additionally, we had already completed the capital expenditure budgets which made no provision for the purchase of new motor vehicles. Masimirembwa proceeded to acquire vehicles including one for him (a Land Cruiser 4X4 VX model) through an amended capital expenditure budget which as far as I know, was not approved by the Ministry of Finance. This was in circumstances that would violate tender procedures.