The ManicaPost
Samuel Kadungure Senior Reporter
RUSAPE Town Council has appointed a disciplinary authority to preside over the hearing of its town secretary, Mr Solomon Gabaza — who was suspended without pay and benefits a fortnight ago.
Harare-based lawyer, Mr Charles Kwaramba of Mbidzo, Muchadehama and Makoni Legal Practitioners, will chair the disciplinary authority while another lawyer, Mr Norman Mugiya of Mugiya and Muvhami Law Chambers, will prosecute.
Rusape Town Council chairman, Councillor Lyton Sithole confirmed the development and said Mr Gabaza was served with the charge sheet and notice to appear before the disciplinary authority through his Harare-based lawyers, Sengwe Law Chambers.
Mr Gabaza is accused of numerous acts of misconduct that are summarised in the National Employment Code of Conduct as, “Any act of conduct or omission inconsistent with the fulfilment of the express or implied conditions of his or her contract, wilful disobedience to a lawful order, wilful and unlawful destruction of the employer’s property, theft or fraud, gross incompetency or inefficiency in the performance of his or her work, habitual and substantial neglect of his or her duties or lack of a skill which the employee expressly or implied held himself or herself out to possess.”
Councillor Sithole said, “We have raised 12 charges against him and these were served through his lawyers, Sengwe Law Chambers, as per his initial instruction. The disciplinary authority will sit on July 20, 2020 at 10am in the council boardroom.”
As council’s most senior employee (accounting officer), Mr Gabaza cannot be hauled before a disciplinary committee made up of his subordinates.
Under such circumstances, the National Employment Code of Conduct gives the employer the right to constitute a disciplinary authority to preside over the senior employee’s case.
Councillor Sithole said Mr Gabaza has not complied with his suspension order to return all council assets. It is said Mr Gabaza is still holding on to a red Foton pick-up truck (AAE 6811) despite having been instructed to surrender it to the Human Capital and Administration Officer, Mr Togarepi Nerwande.
“He has not returned that vehicle as per the suspension order and we have instructed the prosecuting lawyers to handle the matter. We will give the lawyers some time to make a follow up. We expect him to comply with the tenets of the suspension order,” said Councillor Sithole.
Repeated efforts to get a comment from Mr Gabaza were fruitless as he was not picking calls.
By the time of going to print, he had also not responded to questions sent to him via text messages.
The resolution to haul Mr Gabaza before a disciplinary authority was made during a special virtual full council meeting held last Friday.
The meeting also accepted the resignation of Mr Fanisen Shuwa from the position of acting town secretary.
He has since been replaced by Engineer Charles Chindenga, again in an acting capacity.
Council was forced to hold the virtual special full council meeting following the disruption of a physical one by some rogue elements that are sympathetic to the ousted town boss.
Soon after the incident at Pamugodo Lodge two weeks ago, some councillors rushed to Rusape Central Police Station to make a report under Case number RRB4313713.
However, the suspects are still roaming Rusape freely as they brag about their conduct, including looting some refreshments.
Rusape district police spokesman Assistant Inspector Muzondiwa Clean confirmed receiving the report and said the suspects are facing disorderly conduct charges.
