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Conrad Mupesa
Mashonaland West Bureau
THE Labour Court of Zimbabwe has nullified the suspension of Chegutu Rural District Council chief executive officer Mr Dan Zvobgo on the grounds that the council did not follow laid-down procedures and ordered his reinstatement.

Mr Zvobgo was suspended by the council last year in March over allegations of abuse of office and gross mismanagement.

His appeal against that decision was heard before Labour Court Judge Justice Lilian Hove who after full trial set aside the disciplinary action.

According to court papers, Mr Zvobgo was reinstated to his employment without loss of salary and benefits while the council has been ordered to pay his legal costs.

Through his lawyers from Dube, Manikai and Hwacha Legal Practitioners, Mr Zvobgo argued that he had been suspended illegally as he had been given a one day’s notice instead of the six days’ notice as required in terms of the relevant law.

He was told about the meeting through social media instead of a written notice while the motion of suspension was moved by one councillor and seconded by another instead of the governing provisions of majority vote.

The council was also challenged for using Warara and Associates Legal Practitioners who were not part of the legal service providers acquired by the council in terms of the procurement laws that are applicable.

However, the council argued that the failure to give six days’ notice did not prejudice Mr Zvobgo and the decision to suspend him was made at a full council meeting.

In her judgement, Justice Hove nullified the decision by the council on the basis that it failed to comply with provisions of law and the failure rendered the acts by the council in the meeting a nullity and the result a nullity.

She reinstated Mr Zvobgo to his employment without loss of salary and benefits, setting aside the decision to suspend him and any disciplinary action against him on the same facts.

Mr Zvobgo was accused of a litany of issues including giving a non-governmental organisation, Direct Aid, a lease for Jinkstown Primary School without following proper council procedures.

He was allegedly accused of trading land deals with Croco Motors without council mandate. He was accused of prejudicing the council by drafting and issuing a developmental permit for Sunny Fi Yeng Norton Tile Company without council mandate.