Unpaid ex-lecturer guns for Nust property

By Mashudu Netsianda

The National University of Science and Technology (Nust) is set to lose property after the Sheriff was directed to attach property over a debt of more than $26 000 in unpaid benefits and allowances owed to a foreign former lecturer.

The attachment of the property follows Nust’s failure to comply with a High Court order directing it to pay Nigerian medical doctor Ismaila Adebayo Raji $26 197, being the money he was prejudiced of.

Dr Raji was employed by Nust as a senior lecturer in the Division of Basic Medical Sciences between November 2011 and June last year when he resigned.

Bulawayo High Court judge Justice Francis Bere, two months ago, ordered Nust to pay Dr Raji his dues after he filed a chamber application for default judgement against the university.

According to a writ of execution, signed by the Registrar of the High Court, citing Dr Raji as the plaintiff and Nust as the defendant, the Sheriff or his/her deputy have been directed to attach the property to recover the debt.

“To the Sheriff for Zimbabwe or his law deputy: You are required and directed to attach and take into execution the movable goods of the National University of Science and Technology located at corner Gwanda Road/Cecil Avenue, Ascot in Bulawayo (hereinafter called the defendant), and of the same cause to be realised the sum of $26 197,65 together with interest at the rate of five percent from the date of issuance of summons to the date of full payment to Dr Ismaila Adebayo Raji, which the plaintiff recovered by judgment of this court dated 16 November 2017” reads part of the document.

Dr Raji, through his lawyer Mr Abednico Ndebele of Mathonsi Ncube Law Chambers, approached the courts seeking an order directing Nust to pay him his outstanding allowances and benefits.In his court papers, Dr Raji said Nust breached the agreement of the employment contract entered between the two parties.

Clause 10 of the written contract of employment stated that Dr Raji who was on short term contract of three years, could not join the university’s pension scheme but was to receive, in addition to his salary, an allowance at the rate of 15 percent of the salary in lieu of pension.

“However, the defendant (Nust) from April 2012 to June 2016 unilaterally put the plaintiff on the pension scheme administered by Old Mutual contrary to Clause 10 of the contract of employment,” said Mr Ndebele.

“When Nust realised its breach it then again unilaterally reduced the allowance from 15 percent to 12 percent from August 2016 to June 2017 claiming it was due to a Government policy.”

Dr Raji said despite demand, Nust failed to pay him the money. Nust did not challenge the summons in court. The Chronicle