A DISCIPLINARY hearing for suspended CMED boss Davison Mhaka has recommended that he be fired for allegedly causing a loss of about $3 million in a botched fuel deal that is likely to suck in senior government officials.
by XOLISANI NCUBE
The hearing, chaired by retired High Court judge Justice Simbi Mubako, convicted Mhaka on two counts and acquitted him on the other two out of the four he faced when he was suspended by the CMED board last year.
In announcing the judgment at a Press briefing yesterday, Justice Mubako said Mhaka was guilty of incompetence, gross unsatisfactory work performance and inefficiency as stated in section 4(f) of Statutory Instrument 15/2006, which deals with the conduct of public officials.
“In light of this pathetic performance by his administration, resulting in the huge financial prejudice to his employer, it should not come as a surprise to the employee that the disciplinary authority found him guilty as charged,” stated the ruling passed by Justice Mubako and his team which included labour lawyer Rodgers Matsikidze and human resources consultant Patrick Chingoka.
The tribunal, which was set up by the CMED board led by Godwills Masimirembwa, conducted a 15-month-long hearing and summoned various witnesses to testify in the case which has seen the parastatal losing close to $3 million meant for procurement of fuel through First Oil company, which was allegedly paid, but never delivered.
“Throughout the life of the transaction, CMED position was bedevilled by the administration inclination to downplay the need for carrying out business due diligence at appropriate stages,” Justice Mubako said.
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“In making our recommendations for punishment, we have taken into account mitigating circumstances such as those urged by counsel for the employee. On the other hand, we are mindful of the fact that the respondent has been found guilty of committing two very serious misconduct acts inconsistent with his contract of employment.”
He added: “Both breaches of the labour regulations are serious and go to the foundation of the contract of employment. We also took into account that the respondent has not shown any remorse or contrition. He defended his action to the end.”
The recommendation for dismissal comes as Transport minister Joram Gumbo had reportedly instructed CMED to reinstate Mhaka.
Masimirembwa said his board would meet to consider the findings and the minister’s directive.
“I am yet to see the tribunal report, so I can’t comment now until we meet as a board,” he said.
CMED was represented by one A Masango as the complainant, with Advocate Thabani Mpofu prosecuting, while Mhaka was represented by Advocate Lewis Uriri.
