Four Midlands State University security guards who won a court case against their employer for unlawful dismissal have approached the office of the Minister of State for Midlands Provincial Affairs Larry Mavima seeking recourse.
The quartet of Doubt Chivi, Farai Chidonhi, Ndakaziva Dombo and Rueben Musengeyi, who were part of the university’s Campus Police Association committee, were dismissed by the university early this year for allegedly misappropriating the association’s funds.
They contested the dismissal and won the case after the courts ruled that the university’s administration had no right to meddle in the security association affairs and ordered it to reinstate them.
“This is an application for review of the proceedings of the Midlands State University (MSU),” read part of the judgment by Justice Kachambwa who presided over the case.
“The applicants are former employees of the respondent university. They were office bearers of the Midlands State University Campus Police Association.
“Can an employer order an audit of a workers’ organisation books of finance and subsequently charge the office bearers of theft in terms of the employer’s code of conduct? From the above discourse the proceedings must be found to be irregular and set aside.
“The applicants are entitled to be reinstated. It is accordingly ordered that the applicants be and hereby reinstated without loss of salary and benefits.”
MSU is still to reinstate the four more than five months after the ruling.
In an interview, the four said they had since approached the office of the Midlands Provincial Minister who subsequently wrote to the university.
“We have a letter which the Minister of State for Midlands Provincial Affairs wrote to the institution,” said Mr Chivi. “This was after we visited the institution with the intention of resuming duty, but were denied entry.”
In the letter, Minister Mavima urged the university to uphold the court’s ruling and reinstate the four.
“It is recommended that the Labour Court ruling of 12 July 2018 on the above be implemented in respect of the rule of law,” reads the letter. “It is the function of any public organisation to respect the court’s decision in line with the new Zimbabwe’s call for upholding of the rule of law and zero tolerance to corruption.”