THE meandering NetOne saga which has seen the firing and reinstatement of chief executive Lazarus Muchenje, has this week taken yet another twist which has sucked in a High Court judge, Zim Morning Post can report.
This publication understands that on Tuesday, the NetOne board wrote to the Judge President George Chiweshe and Zimbabwe Anti-Corruption Commission (Zacc) registering discontent in the manner in which High Court Judge Webster Chinamhora handled the Muchenje matter and suspended the termination of his employment contract.
“The letter dated 9 July authored by the second respondent and addressed to the applicant shall not be put into effect. No publication shall be made by any of the respondents to the effect that applicant’s contract has been terminated,” ruled Chinamhora in the matter that was heard in his chambers on July 15.
The NetOne board through its lawyer Gugulethu Ndlovu, submitted that the manner in which Chinamhora reversed the dismissal, smacks of gross miscarriage of justice and possible personal association with Muchenje.
The argument was premised on the fact that the legality of Muchenje’s dismissal was done in terms of the Labour Act and common law, which requires the giving of three months’ notice.
“The board wrote to Zacc and Judge President yesterday to call for investigations in the manner in which the judge (Chinamhora) handled the matter. Zacc responded promptly and the Judge President is yet to respond,” an impeccable source told Zim Morning Post.
The source added that Zacc officials summoned Muchenje to their office on Wednesday.
“Muchenje was now interfering with witnesses and had to be barred from entering the office twice. Yesterday (Tuesday), he came in the company of his lawyer and was barred entrance again in fear that he might tamper with evidence,” the insider added.
After his latest dramatic dismissal, Muchenje went to the High Court seeking to suspend the decision by the company’s board to fire him on three months’ notice, hours after he was reinstated.
Inside sources told Zim Morning Post that the reason he was re-hired for one night was merely procedural in line with provisions of the Labour Act.
Meanwhile, Muchenje has a pending court case wherein he is charged with six others answering to corruption charges.
The State alleges that Muchenje committed the offences in cahoots with the other suspects on different occasions.
Muchenje and his accomplices allegedly illegally contracted an international company without board approval.
“Accused one, four and six corruptly caused NetOne to enter into a contract with Bankai International Pvt Ltd of Mauritius and Brudgevoice INC, a company incorporated under laws of the United States of America, to sell NetOne airtime overseas by connecting Bankai to NetOne prepaid platform,” according to the charges.
State alleges Bankai was given 20% airtime discount which was above 11 percent discount the company was giving to its dealers.
It is also alleged Muchenje was getting an illegal housing benefit which saw NetOne losing US$363,875.
“Accused 2 represented NetOne as the lessor and Muchenje as the leasee. An arbitrary rental of US$1,000 was agreed by the parties although they had been advised by Pam Holding Properties and Kennan Properties that they rentals for the house in question was between US$2,500 and US$3,500,” further read the charges.
“As a result of this, Muchenje is enjoying an unjustified housing benefit for the period extending from January 2019 to January 2020 at the expense of NetOne Cellular.”
It is further alleged that Muchenje did not seek board approval.
Muchenje also allegedly acquired personal security and misrepresented on documentation that the security was 24-hours at the NetOne building when in fact the guard provided security only to him.
“The first accused told Lifart Toro, NetOne head revenue assurance that he was being followed by strangers and required personal security,” said the state, adding he was not entitled to this arrangement.
Muchenje also allegedly hired top-of-range vehicles several times from Breakfront Car Hire prejudicing NetOne of US$225,925.
