Mawiwi demands $60k from Chipangano
By Nigel Matongorere
Relegated former Castle Lager Premiership side Hwange’s woes are mounting after their ex-coach Bigboy Mawiwi (pictured) demanded outstanding payments worth over $60 000.
Chipangano appointed Mawiwi on a two-and-a-half-year-contract in July last year with the mandate to save the club from relegation.
Mawiwi took charge of 18 matches from the time of his appointment and led Chipangano to seven wins, two draws and nine loses.
That run, however, could not save Chipangano from relegation as they finished in 16th place on the log table with 37 points from 34 matches.
Chipangano finished the season two points off safety and will be playing in the Zifa Southern Region Division One League this year.
After the side’s relegation, Hwange Colliery Company Limited (HCCL) acting estate manager identified only as L. Dube wrote to Mawiwi terminating his contract.
“This serves to inform you of HCCL’s intentions of not renewing your current employment contract that expires on 31 December 2017,” Dube said in the letter dated December 20, 2017.
“However, we would like to thank you for working for the company and wish you well in your future endeavours.”
Mawiwi’s lawyer Peter Mufunda of Chengeta Law Chambers wrote to the Division One-bound side demanding payment of the remainder of his client’s contract at the start of this year.
“We refer to the termination, in Harare, of employment of the above named person dated 20th December 2017, who was your employee up until the 31st of December 2017.
“We have been engaged to demand from you payment of his salary and benefits for the next 24 months as you are in breach of the running contract terms which contract expires on the 31st of December, 2019; please note our interest.
“It is therefore requested that you pay the following amounts into his lawyers’ account as indicated below…there shall be no further notice to you as we take legal action.”
Besides his monthly salary for the next 24 months, Mawiwi’s lawyers want the club to also pay the winning bonuses for seven games, signing-on fees for the 2018 and 2019 seasons, telephone, fuel and car allowances.
According to the letter of demand, Chipangano must also pay Mawiwi’s DStv premium subscription and the school fees for his two children for the next 24 months.
In response, HCCL paralegal officer Sylvester Lumano denied that Chipangano owed Mawiwi anything.
“We are in receipt of your letter dated 11 January 2018 instant and received by us on the 15th of January whose contents we duly noted and dispute,” Lumano wrote on 18 January 2018.
“Be and hereby advised that your client’s contract of employment with HCCL terminated per terms of contract.
“As a result all other claims fall off for lack of cause of action at law. If that be not so, we put author to strictest proof of sound ground of claim thereof. We believe the above set the record clear to save time and costs.”
However, documents in possession of the Daily News show that Mawiwi’s contract with the Colliery-based side was indeed ending in 2019.
“As agreed by the parties this contract of employment is to commence on the 18th of July 2017 unless if not confirmed or otherwise altered by the employee,” the contract states.
“It expires on 31st of December 2019 unless if otherwise reviewed. Should the contract terminate earlier than this date, then this can be subject to adequate notice being given in line with clause 3 below.
Clause 3 of the contract states that: “The offer of employment is subject to satisfactory completion of a probation period of one month. During the probation period, your performance will be reviewed on a weekly basis. The notice period during probation is two weeks on either side.”
Perhaps after realising that they had made a mistake after failing to follow proper procedure in terminating Mawiwi’s contract, Chipangano made a sudden U-turn last week.
The club now accuses the coach of going AWOL from work and moved in by appointing their former coach Nation Dube to take charge of pre-season training.
“You are hereby advised that it is intended to institute disciplinary investigations into an allegation of misconduct of absenteeism,” Hwange chairperson Buthelezwo Dube wrote to Mawiwi on January 20.
“You are therefore suspended from duty without benefits with immediate effect until 2 February 2018 when you are required to come back to work.
“During the above period of suspension you are not permitted to enter the Company Club House and stadium unless specifically arranged with your chairperson.
“You are also advised to seek your chairperson’s express permission should you wish to go out of town. Otherwise you are expected to remain at your usual residence.” DailyNews