City boss ‘too sick’ to attend hearing

By Daniel Nemukuyu

Suspended Harare City Council chamber secretary Mrs Josephine Ncube has said she was too stressed and incapable of defending herself in any disciplinary hearing.

Mrs Ncube said she had been on sick leave since February after a medical doctor certified her to be unfit for work.

She said stress triggered high blood pressure and the medical practitioner recommended that she goes on leave.

While on sick leave, Mrs Ncube said, council served her with a letter of suspension and a one-day notice to prepare for a disciplinary hearing on May 3 this year.

Mrs Ncube, through her lawyers Scanlen & Holderness, on Thursday filed an application nullifying the suspen- sion.

She is also seeking an order declaring council’s decision to try her while on sick leave, as unlawful.

“I was diagnosed with stress-induced high blood pressure, anaemia and serious potassium deficiency.

“The notice of set down of the matter came before my doctor certified me to be fit for work.

“I have a review scheduled to take place on the 11th of May 2018.

“I am not, by reason of my incapacitation by illness, in a position to make any representations or give my legal practitioner full instructions,” said Mrs Ncube.

If the hearing is allowed to go ahead, Mrs Ncube said, she stand to suffer irreparable prejudice.

“My health, which is failing on account of stress, will be adversely affected.

“The hearing may have the effect of pushing me down the cliff in light of my stressed circumstances,” she said.

She said the “gross injustice” caused by the respondents’ actions will be impossible to unscramble.

“My long record of more than 20 years of excellent service to the respondent will be unfairly tarnished in a manner which is impossible to correct,” she said.

Mrs Ncube said Section 140 of the Urban Councils’ Act provides that only the town clerk can suspend the chamber secretary.

To that end, Mrs Ncube argued that the local authority acted unlawfully.

“In terms of Section 140 of the Urban Councils’ Act, the statutory authority to suspend a chamber secretary is the town clerk and not the Mayor of the council.

“In all the circumstances, I have a clear right to be treated in accordance with the provisions of the Urban Councils’ Act. Furthermore, I have a right to be afforded the benefits of principles of natural justice, particularly the right to be given an opportunity to prepare my defence and my representations at any such hearing,” she said.

Mrs Ncube was suspended together with three other directors — Dr Prosper Chonzi (health services director), Mr Tendai Kwenda (finance director) and Mr Cainos Chingombe — on allegations of financial abuse following a report by a tribunal set up in February last year to investigate council salaries.

Harare City Council is yet to respond to the application. The Herald