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Daniel Nemukuyu Senior Court Reporter
FORMER Premier Service Medical Aid Society (PSMAS) managing director Mr Henry Mandishona, who has been clinging to the company’s Mercedes-Benz E300, has been ordered to return the top-of-the range vehicle immediately. Mr Mandishona was fired in 2015 over a slew of misconduct allegations that include unilaterally hiking his salary and other alleged mismanagement charges.

He challenged his dismissal and has refused to surrender the official vehicle that he was using during his time at the helm of the medical aid society, forcing PSMAS to approach the High Court seeking permission to execute the order pending appeal.

High Court judge Justice Jester Charewa recently allowed PSMAS to recover its vehicle from Mr Mandishona pending the determination of his appeal at the Supreme Court.

The court slapped Mr Mandishona with an order for costs on a higher scale.

“Leave to execute pending appeal is granted. The respondent (Mr Mandishona) is hereby ordered to pay the applicant’s costs of suit on a legal practitioner and client scale,” the court ruled.

Advocate Fadzai Mahere, instructed by Muzangaza, Mandaza and Tomana, represented PSMAS while Advocate Nelson Chamisa acted for Mr Mandishona.

The court found that Mr Mandishona’s appeal that is still pending at the Supreme Court was weak and that his prospects for success were next to nil.

“I therefore do not see that the respondent has any reasonable prospects of success on appeal.

“In the premise, I find that the respondent’s notice and grounds of appeal are frivolous and vexatious. I am not convinced that such notice was made with any bona fide intention to reverse the judgment of the court a quo, but merely to execute on the judgment of the court a quo pending appeal,” Justice Charewa ruled.

As MD, Mr Mandishona was entitled to the use of an official Mercedes-Benz E300. Upon termination of his employment in November 2015, PSMAS demanded its vehicle back, but Mr Mandishona refused.

PSMAS then obtained a vindicatory order allowing it to repossess the vehicle, but Mr Mandishona appealed at the Supreme Court.

Justice Charewa said the courts have no power to force the employer to reinstate Mr Mandishona, hence there was no longer room for PSMAS to reinstate him.

Having been fired, he must surrender the company property, the judge said.

“I can only liken the respondent’s conduct to that of a spouse who refuses to be divorced and insists on holding on to a worthless marriage certificate.

“I note that Mr Chamisa did concede that at law, the respondent does not in fact have a right of reinstatement.

“Therefore, if there is no right of reinstatement, there is no longer any contract of employment.

“He is therefore not performing any duties for the applicant for which he would be entitled to hold on to the vehicle,” the judge ruled.