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Midlands Bureau
GWERU City Council is in quandary on the route to take after the Bulawayo High Court nullified the suspension and subsequent dismissal of Town Clerk Mr Daniel Matawu by former Local Government, Public Works and National Housing Minister Saviour Kasukuwere.

Mr Kasukuwere’s gross incompetence and abuse of office was exposed by Bulawayo High Court judge Justice Nicholas Mathonsi recently.

The council now has two town clerks, Mr Matawu and Ms Elizabeth Gwatipedza.

Council officials have been holding marathon meetings with their legal representatives from Tawona and Jaravani Attorneys and Mr Reginald Chidawanyika representing Mr Matawu on the way forward for the better part of last week .

Tawona and Jaravani Attorneys highlighted three possible options that council could take.

“The available options are that Mr Matawu can resume his duties with immediate effect without loss of salary and benefits for the time he was on suspension since the judgment nullified every action which was taken against him, but this may not be convenient to council since it has since employed another town clerk to replace him,” reads part of the legal advice to GCC from Tawona and Jaravani Attorneys.

“The next option is Mr Matawu’s immediate entitlement in terms of the judgment, but council may negotiate with him for termination of his contract by mutual consent, although this imposes heavier financial obligations on the council.

“If Mr Matawu insists on resumption of duty, council may accept him in its employment and prefer fresh charges against him for his misconduct since the judgment did not address the merits of his misconduct charges.

“This (negotiating) is the most practical option in the circumstances, although it needs Mr Matawu’s consent and is more expensive to council in terminal benefits and compensation for loss of employment. The probable expenses, assuming that Mr Matawu had no workplace contract are as follows: Backdated salary and benefits from time of suspension to date, cash-in-lieu of accrued vacation leave up to 90 days, compensation for loss of employment at the rate of a month’s salary for every two year’s served, pension, gratuity and other benefits provided for in prevailing circulars for the undertaking.”

Council lawyers said appealing to the Supreme Court would not be of any benefit to the local authority.

“This option is legally available to council, but it should only be taken as a last resort since it is likely to be labelled as an abuse of process to just postpone the inevitable because the ultimate resolution of Mr Matawu’s case revolves around the validity of the mandate of the commission when it suspended and disciplined him,” read part of the legal advice.

Tawona and Jaravani Attorneys recommended that council negotiates for the termination of contract by either mutual consent or notice as the most viable and practical options.

Gweru mayor Councilor Charles Chikozho and Mr Chidawanyika confirmed the legal meetings.