- I was suspended without due process argues Muchenje
SUSPENDED NetOne CEO Lazarus Muchenje has approached the High Court with an urgent chamber application seeking to dismiss and nullify his suspension by the NetOne Board.
Muchenje argued that his suspension was in variance with the basic principles of natural justice.
Muchenje and his finance manager were recently suspended following an internal audit which is alleged to have exposed some illicit financial dealings.
Sources said an audit revealed that Muchenje and his finance manager implemented unilateral decisions which had no board approvals, a move that ignited some board room squabbles.
In his affidavit, Muchenje argued that respondents Susan Mutangadura, cited as first respondent, Winston Makamure the second respondent, Ranganai Mavhunga the third respondent and Paradzai M Chakona, the fourth respondent acted unlawfully.
“The First to the Fourth Respondents unlawfully and irregularly authorized a Special Board Meeting of the Board of Directors held on the 20th of February 2020,” he said.
“The first to the fourth respondents above passed a special resolution to suspend the applicant as the Chief Executive Officer… with immediate effect.”
He continued: “Such decision is administrative action and ought to have been made in conformity with the basic principles of natural justice as espoused in section 3 of the Administration Justice Act [Chapter 10:28]. The special resolution to suspend the Chief Executive Officer is patently unlawful and a nullity if it ever it exists.”
“There was no lawfully convened Board meeting and there was no lawful resolution passed at that purported board meeting of the 20th February 2020 or at any other meeting were the resolution to suspend the Application was lawfully made.”
He concluded: “There is no other suitable or alternative remedy for the Applicant other that the interim relief sought in this application.”