THE Harare City Council has petitioned the High Court, seeking an order to dismiss an application filed by its chamber secretary Josephine Ncube, who is challenging her suspension from work.
BY CHARLES LAITON
Ncube filed the application in May this year.
Through acting town clerk, Hosiah Chisango, the local authority urged the court to dismiss Ncube’s application for want of prosecution in terms of Order 32 Rule 236 (3) (b) of the High Court Rules. The matter is yet to be set down for hearing.
In his founding affidavit, Chisango said Ncube’s application ought to be dismissed since she had not made any attempts to finalise her matter after receiving a notice of opposition from the City of Harare.
“On May 3, 2018, the respondent (Ncube) made an application seeking an order declaring her suspension from work null and void. The application was served on the applicant (the City of Harare) on May 4, 2018. The applicant opposed the application by filing a notice of opposition on May 18, 2018 and served it on the respondent on May 21, 2018,” Chisango said.
Through the council’s lawyers, Mbidzo Muchadehama and Makoni Legal Practitioners, the acting town clerk said after the council had filed a notice of opposition, Ncube ought to have taken further steps to ensure that her matter was brought to finality but she failed to do so.
“Since May 21, 2018, when the respondent was served with the notice of opposition she had not taken any steps to ensure the finalisation or logical conclusion of the matter thus prompting this application,” he said.
“A period of three months has elapsed and the respondent has neither filed an answering affidavit, heads of argument nor set the matter down for hearing. She has not taken any steps whatsoever to finalise the matter. The respondent ought to have withdrawn the matter. This justifies an order dismissing her application for want of prosecution with costs.”
According to court papers, sometime in May this year, Ncube approached the court seeking an order to declare her suspension from work by the City of Harare, null and void.
In her affidavit, Ncube said when she received a letter of suspension and a notice to appear before a disciplinary committee on February 8 and 9, 2018, she was on sick leave adding her suspension was not in accordance with the provisions of section 140 of the Urban Councils Act.