By Nyashadzashe Ndoro
Lazarus Muchenje has again approached the High Court challenging his dismissal as NetOne chief executive officer and claimed papers meant to serve his contract termination were illegal adding that President Emmerson Mnangagwa is the only decider of his fate.
According to the court papers, Muchenje is suing NetOne vice-chairperson Susan Mutangadura, board members, Winston Makamure, Rangarirai Mavhunga, Beulah Chirume, Douglas Mamvura, and NetOne wanting them to be interdicted from publishing his illegal dismissal or the termination of his contract and advertising his position.
Makamure served Muchenje with a dismissal letter dated July 9 which the embattled NetOne CEO regarded as illegal.
Muchenge argued that Makamure was not an employee of NetOne and had no prerogative powers to terminate his contract.
“Mandatory provisions of Section 11 of the Public Entities Corporate Governance which governs his dismissal had not been complied with.
“The applicant (Muchenje) cannot be dismissed on notice as purported in the said letter in terms of his contract.
“Makamure and NetOne have not demonstrated that the necessary President’s prior endorsement to dismiss the applicant has been sought and have accordingly acted arbitrarily, illegally and irrationally.
“In the event that the respondents are not interdicted from giving effect to illegal dismissal letter which is illegal, arbitrary and lacks the President’s endorsement, the applicant will clearly suffer irreparable harm to his clear right from further illegal processes,” Muchenje said.
Muchenje and six senior executives and former board member Paradzai Chakona were arrested in May by the Zimbabwe Anti-Corruption Commission (ZACC) on charges of criminal abuse of office.
Nehanda Radio understands that Muchenje was facing seven counts of criminal abuse of office, with the alternative charges being fraud, and that the evidence was similar to that presented in recent disciplinary investigations.
The board also accused Muchenje of failing by to provide documentation to NetOne auditors, unprocedural procurement of fuel and violation of exchange control rules by NetOne’s bureau de change units. Nehanda Radio