Davison Marenga
ZVISHAVANE – Former Shabane Mashava Mines (SMM) employee is suing the company for placing the company under reconstruction saying they are now incapacitated to claim their salary arrears and terminal benefits.
Tonderai Zunzanyika through his lawyers Mutendi, Mudisi and Shumba Legal Practitioners sued Shabani Mine with Arafus Gwaradzimba the company administrator as the first respondent while SMM and Minister of Justice and Legal Affairs Minister Emmerson Mnangagwa are second and third respondents respectively.
In the afidavits submitted at Bulawayo High Court, Zunzanyika argued that the placement of SMM company under the ‘Reconstruction of State-indebted Insolvent Companies Act CAP 24:27 in 2004, incapacitated former employees to claim their salary arrears and other terminal benefits.
A company under the reconstruction act is protected from losing its asserts and is immune from being sued by its former workers as stated by section 6 of the act.
During this period, Zunzanyika argued, SMM company started to lease some of its properties to Great Zimbabwe University (GZU) and Midlands State University (MSU) at Mashava and Zvishavane respectively, and some mine workers who have been staying in these premises were forced out.
Zunzanyika said by so doing, SMM was no longer reconstructing but was now in a different business altogether with top officials benefiting at the expense of the employees.
"I have been employed by the company for nine year until I officially resigned in April 2014. During the period of resignation I was owed salary and terminal benefits amounting to over $4500, but now I cannot claim it since the company is said to be under reconstruction,” Zunanyika said in the afidafits submitted at Bulawayo High Court.news
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