Govt sets date to decide Mandishona fate Mr Mandishona

Zvamaida Murwira Senior Reporter
The Ministry of Public Service, Labour and Social Welfare has set November 27, 2015 as the date on which it will hear a case of suspended Premier Service Medical Aid managing director, Mr Henry Mandishona, who is challenging disciplinary proceedings being instituted against him by his employer.

Mr Mandishona has approached the Ministry in terms of the Labour Act to have disciplinary proceedings against him stopped arguing that the PSMAS failed to complete the process within the 30-day period prescribed by the law.

PSMAS has since deferred a hearing that was pencilled for yesterday to allow the Ministry of Public Service to determine the complaint raised by Mr Mandishona.

In an interview yesterday, Mr Mandishona’s lawyer, Mr Innocent Chagonda, said PSMAS lost jurisdiction on Mr Mandishona when it failed to conclude the case. “We have referred the case to the Ministry of Labour and we now have a date on which our case will be heard. PSMAS called us to advise that they have postponed a hearing that they intended to have today (yesterday),” said Mr Chagonda.

PSMAS, said Mr Chagonda, could no longer try Mr Mandishona outside the prescribed 30-day period.

“In terms of section 101 (6) of the Labour Act Chapter 28:01, either party can refer a case to the Ministry of Public Service should 30 days lapse and this is what we have done. Our argument is, PSMAS has lost jurisdiction over my client and this is what we want the Ministry to confirm,” he said.

PSMAS chairperson Mr Jeremiah Bvirindi, said he was still to be advised of the latest development.

“I was away. I have not yet been advised on what transpired today regarding the hearing,” said Mr Bvirindi.

PSMAS company secretary Mr Cosmas Mukwesha declined to comment saying they will issue a statement soon regarding the case. “I am not allowed to speak to the media, but a statement will be issued in due course,” he said.

Sources close to PSMAS said the medical insurance organisation might have to brace up for a battle if it was to succeed in keeping Mr Mandishona away from his job considering its failure to conclude the case within the prescribed period.

“What makes the case of PSMAS against Mr Mandishona is that Government has already taken a position that he should be reinstated. Another aspect that PSMAS has to grapple with is what it is doing on forensic audit that fingered executive managers. While the Board wants to be seen as acting against poor corporate governance and mismanagement by suspending Mr Mandishona, it also raises eyebrows why managers fingered by the forensic audit are still in office, in some cases playing the functionary role of prosecuting him,” said a source.

Another source said it was ironic that the PSMAS board rejected a Government directive to reinstate Mr Mandishona yet the same board sought protection from the State in securing a law that shielded the medical aid society from facing litigation from creditors.

“Government promulgated Statutory 77 of 2015 to protect PSMAS from having its properties attached. Now, when it is convenient to PSMAS board, they seek assistance from Government when it is not they defy it,” said another source.

Mr Mandishona was suspended on September 24 and faces a number of allegations that include unilaterally hiking his salary among other mismanagement charges.

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