HURUNGWE Rural District Council has been slapped in the face after the Labour Court threw out its application for leave to appeal at the Supreme Court in a case in which three top council executives were fired for misconduct.
BY RICHARD MUPONDE/NHAU MANGIRAZI
The HRDC had fired the trio comprising chief executive, Joram Moyo, finance officer, Karol Mutenga and another officer Jackson Mashinge for corruption, after they had been arrested by the police and taken to court on the said charges.
However, the trio approached the Labour Court seeking a review of the disciplinary proceedings and an order nullifying its dismissal arguing that the local authority did not follow the code of conduct.
Labour Court judge, Justice Lawrence Murasi allowed the appeal by the trio, saying the local authority did not follow its code of conduct hence it should conduct a fresh hearing.
The court also ordered the reinstatement of the trio.
Hurungwe RDC then filed an application before the same judge for leave of appeal to the Supreme Court against Murasi‘s judgment, arguing that the higher court could arrive at a different decision on the same facts.
In his ruling of November 20, Murasi said Hurungwe RDC’s application had no prospects of success at the higher court.
“. . . Applicant ‘feels’ the Supreme Court is likely to come to a different conclusion on the same facts. No prospects of success exist in the circumstances and the application ought to be dismissed and costs must follow cause. It, the result, the application for leave to appeal to the Supreme Court be and is hereby dismissed for lack of merit. Applicant to meet respondents’ costs,” Murasi ruled.
The trio was fired following its conviction on charges of misconduct.
Murasi said Moyo, Mutenga and Mashinge were not suspended in terms of the local authority’s code of conduct.
But the suspension was premised on the criminal charges they faced at Chinhoyi Magistrates Court.
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