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Daniel Nemukuyu Senior Court Reporter
A BRUISING legal battle has arisen between Rusape Municipality and its former town secretary, with the local authority seeking reversal of a council resolution awarding a golden handshake to the ex-boss on his resignation.

Mr Joshua Maligwa resigned from Rusape Town Council after serving as Town Secretary for five years. On resignation, the local authority resolved to give him an 18-month-old Isuzu vehicle he was using plus terminal benefits amounting to $15 325. Mr Maligwa, who had served for the first three years without a personal issue vehicle, was compensated through a residential stand worth $11 199.

Council also gave him $12 132 as compensation for the second year without a vehicle. For the third year, it was resolved that Mr Maligwa would be allowed to purchase the vehicle at book value after using it for four years, instead of five years that was stated in his employment contract. However, Mr Maligwa resigned on March 31 this year after using the vehicle for only 18 months.

On March 16 this year, a special full council meeting resolved to give Mr Maligwa $15 000 in lieu of a low-density residential stand he was entitled to in terms of the con- tract. Council resolved to pay Mr Maligwa $26 000 in lieu of a commercial stand that he was also entitled to.

Laptop

It was also agreed that council pays Mr Maligwa $10 000 as part of his terminal benefits. Council also resolved to give him the laptop and cellphone he was using during employment. The local authority also agreed to pay Mr Maligwa gratuity equivalent to six months’ salary.

He was also given three months to vacate the council house he was occupying. On resignation, Mr Maligwa was given the vehicle plus $15 325 as the initial package. However, the Local Government Board discussed the matter and arrived at contrary decision.

It quashed the resolutions of the full council meeting. Pursuant to the board’s decision, council made a U-turn and demanded back the vehicle and the money that had been given to Mr Maligwa. The parties reached a deadlock resulting in council’s lawyers Chiwanza & Partners issuing summons against Mr Maligwa.

In the summons filed at the High Court on Monday, council is seeking to nullify its earlier resolution. The local authority also wants Mr Maligwa to surrender the vehicle or alternatively pay $55 000 for it. Council also wants to recover the $15 325 already paid to Mr Maligwa.

Rusape Town Council is also claiming damages for use and depreciation of the vehicle from Mr Maligwa to the tune of $923 per month, calculated from March 30 until the date when he will return the vehicle.

 Recuse

In its declaration, council argued that Mr Maligwa influenced the decision of the full council because he participated in the deliberations of his own case.

“The defendant participated in the full council meeting and acted as a chief legal advisor to the plaintiff, resulting in the resolutions plaintiff had interest in,” reads the plaintiff’s declaration.

“The defendant did not declare his interests in the deliberations and he did not recuse himself when his resignation was discussed.”