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Supreme Court postpones University of Zimbabwe’s appeal

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THE University of Zimbabwe (UZ)’s Supreme Court appeal against the High Court’s order authorising attachment of its property over $200 000 owed

THE University of Zimbabwe (UZ)’s Supreme Court appeal against the High Court’s order authorising attachment of its property over $200 000 owed to two former workers failed to materialise yesterday after the court ordered consolidation of the matters involving the two parties.

CHARLES LAITON SENIOR COURT REPORTER

The Supreme Court bench comprising judges of appeal — Justices Vernanda Ziyambi, Anne-Mary Gowora and Antonia Guvava — postponed the appeal after lawyers representing both parties agreed to have the two appeals heard at one sitting by the court.

Sometime last year, High Court judge Justice Francis Bere ruled in favour of UZ’s ex-workers, Kwanele Muriel Jirira and Louis Masuko, authorising them to attach the institution’s property over money owed to them.

Jirira is owed $156 852 13 while Masuko is owed $134 362.

The property was only saved from attachment by an order granted in November last year by Justice Ziyambi pending the determination of the appeal. In his affidavit, UZ vice-chancellor Levi Nyagura said the institution was seeking a court order interdicting the two employees from executing the High Court order.

The case arose after Jirira and Masuko, who were employed as research fellows based at the Institute of Development Studies, were redeployed to the Economics department.

They however, contested the redeployment, claiming the move by the institution to order them to work in a different department was illegal.

They also argued that their contracts of employment, terms and conditions did not allow such staff movements.

The pair told the court in their affidavits that they did not have qualifications to teach in the department, but had reluctantly fulfilled their assigned duties. They at the same time refused to take up office in the said department. The misunderstanding resulted in the pair being called for a disciplinary hearing where they were found guilty and sacked from employment in 2010.

UZ was represented by Advocate Ray Goba while the two were represented by Advocate David Ochieng.