By Brighton Chiseva
MASVINGO – Former Masvingo City Engineer Tawanda Gozo’s bid to return to work after three years in the cold has been delayed as council blocked his return and maintained that he is still fired.
Gozo showed up to work on Wednesday August 14 in the morning armed with a letter signed by his law firm that was rejecting council’s initial proposal for mutual termination of his contract.
Gozo who was fired for alleged gross incompetence three years ago was fighting against his termination and the matter was dragging since then.
He came to work with a letter from his lawyers, Lovemore Madhuku legal practitioners, dated August 7, that argued that the mutual termination of contract proposal was unlawful since the matter was finalized by the Local Government Board.
“Your proposal of an ‘out of court agreement for mutual termination of your contract of employment’ is an unlawful proposal. The matter involving my client was finalized by the Local Government Board which refused your client’s recommendation to terminate my client’s contract of employment.
“By law your client no longer has any power to persist with the position it had before the decision by the local Government Board. Your client is absolutely bound by the decision of the Local Government Board. The aforesaid decision by the Local Government Board is extant and binding.
“My client is automatically reinstated with full salary and benefits with effect retrospectively, from the date of his suspension without pay and benefits.
“My client will be reporting for work at 8 am on Wednesday August 14 2024, as your proposal was a nullity, the issue of “declining” it does not arise,” reads the letter
However, Masvingo City Council through their lawyers Mawadze and Mujaya Legal Practitioners have since responded saying the Local Government Board had no power to reinstate a dismissed council official who would have been dismissed through a disciplinary process.
“The contents of your letter have been well noted and our client has instructed us to respond thereto as follows.
“The provisions of the Urban Councils Act (Chapter 29:15) are very clear as far as the mandate of the Local Government Board is concerned in the circumstances of this matter.
“Its mandate is either to decline or confirm the discharge of a senior council official who would have been dismissed through a full disciplinary process and does not, in whatever way, have the power to reinstate a dismissed senior council official. Your client, therefore remains dismissed from employment and if he is aggrieved by his dismissal, he should seek legal recourse and not seek reinstatement through the back door. The contents of your letter are misleading in all material respects as there is no legal basis for your demand that your client commence reporting for duty.
“There is no court order to the effect that your client has been reinstated. Your letter of demand is also not a court order and it is for that reason and all others stated above that our client shall not allow yours to access its premises for the purposes of reporting for duty,” reads part of the letter.
Gozo’s surprise return followed a council resolution of July 23 2024 that proposed for a mutual termination of Gozo’s contract after the two parties agreed on the termination benefits.
Gozo won an appeal against his termination to the Local Government Board which ordered for his reinstatement. Council appealed against that decision at high court and the, matter was supposed to go for retrial.
The council’s decision follows a special full council meeting held on August (15) where council deliberated on the matter.
Sources within the local authority said councilors fumed on why the management allowed Gozo to spend the day at the local authority of which they said they were afraid that he could have brought the media.
“The councilors queried why management allowed Gozo at the premises when they were fully aware that he was fired. The Acting Town Clerk however told them that they were shocked by his surprise visit and didn’t want to raise eyebrows since they suspected that he had brought the media with him,” said the source
