The ManicaPost
Lovemore Kadzura Post Correspondent—
TSVINGWE High School of Penhalonga has dragged Metallon Gold Zimbabwe to court over the non-payment of school fees by the employees’ children enrolled at the school despite a guarantee from the giant mining concern.
Tsvingwe High School is demanding $4 260 plus 5 percent interest from Mettalon Gold after it allegedly promised last year to pay school fees for its workers’ 67 children following the closure of the mine due to flooding.
It is on this basis that Tsvingwe is now demanding the money from the mine.
The mine has denied owing the school a cent, saying they only promised to pay fees on behalf of its employees to cushion them since the mine was not operational and were not receiving salaries.
Presenting its case before Rusape provincial magistrate, Mrs Elizabeth Hanzi, Tsvingwe said Metallon reneged on its commitment to pay the school fees on of its employees.
“Metallon Gold Zimbabwe at its Redwing Mine employs several workers and pay them wages or salaries and in turn the workers or parents pay school fees for their children to the plaintiff. Metallon Gold workers failed to pay school fees to Tsvingwe High citing that their employer is not paying them.
“In a bid to try and make ends meet and to amicably solve the trend, Tsvingwe engaged Metallon, discussed and resolved that the defendant will pay part of the sum owed directly to the Plaintiff.
“The solid term and initiative of the commitment relevant to this is that the parents were working and Metallon should deduct the amounts from its workers who are parents of the children who defaulted to pay school fees.
“Initially Metallon offered to pay $600 as initial payment and $1 700 monthly instalments for its sundry employees and to be absolved to the Plaintiff for its several debtors or defaulting parents.
“On May 26, 2016 Metallon through its official acknowledged being liable to pay to Tsvingwe $4 260 being owed to Plaintiff through its employees and debtors of the Plaintiff and on the same date an official with the defendant offered to pay to the plaintiff the sum owed to the plaintiff from its several workers and the parents to the later, but did not do so,” reads Tsvingwe’s summons.
The summons added: “For Metallon to form any basis for settlement with Tsvingwe on its workers’ behalf to pay the outstanding bills interposed the defendant to be the co-principal debtor.
“Notwithstanding numerous indulgencies, both verbal and written demands, through the Plaintiff’s attorneys, the defendant has refused, neglected or omitted to pay the debt.
“Tsvingwe petitions this Honourable Court to help recover amount in the sum of $4 260 within 21 days, to be absolved to the plaintiff.
“Interest will be at the prescribed rate of five percent per annum from the date of the summons to date of full and final payment.”
Tsvingwe also attached a letter written by Redwing Mine chief accountant, Mr Percy Moyo, committing to pay the school fees on behalf of the mine workers.
“Ref. Redwing Mine Employees’ Fees payment plan. Redwing Mine commits to undertake payment of employees outstanding school fees for the first and second term of 2015 on behalf of ONLY those on the School Authority list.
“We therefore propose to pay $600 on Tuesday, September 8 and $1 700 per month thereafter towards the liquidation of the outstanding debt. We acknowledge this is relatively a small amount compared to the principal debt.
“This is because the mine is flooded and is not cash generative forcing it to rely on other mines for these payments,” read part of the letter.
However, Metallon Gold which is represented by Mr Taurai Khupe of Khupe Law Chambers is denying owing Tsvingwe High School the money, arguing that the school must demand payments from workers as they were now being paid by the mine.
“Metallon had and still has no obligation to deduct school fees on behalf of Tsvingwe from its employees.
“Defendant only stepped in to assist the employees when they were owed arrears wages.
“The wages were paid to the employees, hence the employees themselves should liquidate the amount. The plaintiff sued the wrong defendant and it should be put to the strict proof that the defendant is liable for the amount.
“Metallon did not acknowledge the debt as alleged, but undertook to assist with liquidating the debt on behalf of its employees at a time when the mine was flooded which undertaking cannot be used to substitute the defendant as the debtor.
“The parents should liquidate the debt themselves as the defendant does not owe them money from which the school fees claimed can be deducted.
“Metallon never agreed to be a co-principal debtor. Tsvingwe was advised by Metallon that the arrangement was only in respect of the period when the mine had been flooded which arrangement has now been overtaken by events.
“The employees were paid what was owed and are personally liable for the debt themselves. Metallon cannot be held liable for that debt,” argued Mr Khupe.
Mrs Hanzi adjourned the matter to December 9 for continuation of trial.
