Suspended Civil Service Commission (CSC) manager, (discipline agency) Farayi Chimombe has dragged his employer to the High Court challenging his continued suspension from employment, despite a court order nullifying government’s action.
BY CHARLES LAITON
Chimombe filed an urgent chamber application last week, accusing the CSC of being in contempt of court and “scoffing” at the court order, which was granted by High Court judge, Justice Lavender Makoni sometime in November last year.
In the application, Chimombe cited the CSC chairperson, CSC secretary, paymaster of the Salary Service Bureau and the Public Service Labour and Social Welfare minister as respondents.
Following his suspension on acts of misconduct in August last year, Chimombe approached the High Court, arguing his suspension was without basis and took his employer to court, but the latter did not respond to the lawsuit, prompting Justice Makoni to issue a default judgment.
Part of the judgment issued read: “The suspension of the applicant from work without pay by the respondents be and is, hereby, held to be unlawful and wrongful. The suspension letter addressed to the applicant dated August 18, 2016 authored by second respondent (secretary of the PSC) be set aside.”
After the granting of the court order, Chimombe is said to have been suspended on three more occasions, prompting him to approach the court for recourse.
“What prompted me to approach this court on an urgent basis is that on May 18, 2017, the respondents were at it again, that is they served me with a fourth suspension letter following the expiry of the third suspension letter,” he said.
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“It became apparent that the respondents were not prepared to respect this court and to uphold and advance the rule of law. I am advised, which advice I accept, that the respondents’ action undermine the dignity and integrity of this court and the Constitution and ought to be stopped on an urgent basis.
“It is clear that I have been suspended through an unlawful and wrongful process and it is irrebuttable that the suspension letter dated May 5, 2017 is null and void.”
On November 14, 2016, CSC secretary, identified in court papers as E Chigaba, wrote to Chimombe, acknowledging the High Court order, but still maintained the latter remained suspended.
“Please be advised that in as much as the court order nullified the suspension imposed on you, the commission has not had sight of the court order so as to attend to the administrative process that come with the court order,” Chigaba said.
“It, therefore, means that you will remain barred from reporting for duty until such time when the commission completes the administrative process.”
The matter is yet to be set down for hearing.
