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Clr Manyenyeni

Innocent Ruwende Senior Reporter
Four suspended Harare City Council executives may bounce back at Town House following the lapse of the14 days in which council was supposed to conduct a hearing into their alleged financial abuse.

Acting town clerk Mrs Josephine Ncube and three other directors — Dr Prosper Chonzi (health services director), Mr Tendai Kwenda (finance director) and Cainos Chingombe — were suspended last month on allegations of financial abuse following a report by a tribunal set up in February to investigate council salaries. The four boycotted the proceedings, challenging their suspension and composition of the disciplinary committee.

Mrs Ncube’s suspension was later lifted after she challenged Mayor Councillor Bernard Manyenyeni, saying he did not have the authority to suspend a chamber secretary. She is still to report for work, with sources saying she got another suspension letter. Clr Manyenyeni was evasive when asked about the matter yesterday, saying he would advise the directors once council finished its proceedings.

“We cannot do blow-by-blow,” he said. “Who wants to conduct the hearings in the media? They deserve their dignity and space. Remember they are not convicted criminals. They have personal, professional and family respect to maintain.”

Clr Manyenyeni’s remarks seemed to suggest that he was now conceding to the directors’ arguments that their suspensions were unlawful because they were suspended without pay or benefits, contrary to provisions of Section 140 of the Urban Councils Act.

The directors argued that it was tantamount to convicting them before the hearing itself. Upon serving the employee with the suspension letter, labour laws require the employer to investigate the matter and conduct a hearing into the alleged misconduct of the employee within 14 days.

The employer is required to serve a notice, in writing, on the employee concerned, removing the suspension and reinstating such employee if the grounds for suspension are not proved.

In letters informing the directors of the hearing, Cllr Manyenyeni said proceedings would continue even in the absence of the directors. The letters read, “You are entitled to be present at the hearing and to be represented by a representative of your choice. You are entitled to call witnesses in your defence. You must make the necessary arrangements with your witnesses.

“If you fail to appear before the disciplinary authority at the place and time specified above, the hearing will proceed in your absence to possible detriment of your interests.”