NetOne’s board of directors has suspended the company’s chief executive officer (CEO) Lazarus Muchenje with immediate effect over alleged gross misconduct relating to the manner he handled expired contracts for nine senior managers.
Mr Lazarus Muchenje’s alleged gross misconduct related to his decision not to renew contracts for nine senior members of management after their expiry, a decision the board of directors claims was taken irregularly and without their knowledge.
But Mr Muchenje has since made an urgent chamber application at the High Court seeking to have the actions of the board of directors to rescind his decision not to renew the expired contracts for the senior managers declared a legal nullity.
NetOne board chairman Peter Chingoka has since written to Mr Lazarus Muchenje advising of his suspension for an indefinite period without full pay and benefits, to facilitate an investigation into the allegations of gross misconduct levelled against him.
During the period of the suspension, Mr Chingoka said, the NetOne chief executive will not be allowed to visit the company’s premises, conduct any company business without the authority of the board of directors.
Mr Muchenje was also directed to return all company assets in his possession.
Mr Chingoka said the gross misconduct charges against Mr Lazarus Muchenje related to drastic action he took on senior management without consulting the board, resistance to and challenging the board’s authority on how to handle the issue relating to senior management and undermining the board’s “authority by escalating issues properly before the board to the ministry of ICT’s”.
“I refer to the aforementioned and wish to inform you of the board’s decision to suspend you from work with immediate effect in terms of the provisions of the Labour (National Employment Code of Conduct) SI 15 of 2006. The suspension is without full pay and benefits. You are therefore hereby suspended on those terms,” he wrote.
Mr Chingoka said the NetOne board will immediately investigate allegations against Mr Muchenje and thereafter advise on the findings of that investigation.
In the urgent chamber application to the High Court case HC7144/18 filed on August 3, 2018, Mr Muchenje cited board members Sydney Nyanungo, Theophilus Damba, Ruth Ncube, Nancy Samuriwo, Georgina Chingonzo and Nyengeterai Mahaka.
The directors whose contracts Mr Muchenje had refused to renew, which were then extended by the board, are Brian Mutandiro, Sibusisiwe Ndlovu, Clever Isaya, Nancy Murove, Innocent Mukanditsama, Jennifer Muketiwa, Raphael Mushanawani, Cleopas Kadzimu and Solomon Manda. They are all cited as respondents in the High Court case.
Also, cited as respondents are Information Communication Technology, Postal and Courier Services Minister Supa Mandiwanzira and the Office of the President and Cabinet, which administers the Corporate Governance and Public Entities Act.
In the certificate of urgency filed at the High Court, Mr Muchenje said he took the decision not to renew contracts for the nine senior managers on July 27, 2018, after which the affected parties were notified and had their final salaries paid out, but the board immediately reversed it.
“On July 28, 2018 one day after the implementation of the aforementioned decision, a purported resolution was passed by first to sixth respondents (board) reinstating the seventh to fifteenth (senior managers) on the strength of a ministerial directive from the sixteenth respondent (Minister of ICT) (requiring seventh to fifteenth respondents reinstatement) employment contracts at a meeting irregularly and called and attended by first to sixth ( NetOne board members),” Mr Lazarus Muchenje said.
He claimed the “irregular and unprocedural” meeting held by the board, with six out of 10 directors present, was called to approve a directive allegedly issued by Minister Mandiwanzira under whose ICT ministry NetOne falls reverse his decision not to renew contracts for the nine senior managers and to reinstate the contracts.
The Herald
