News / National
Kangai seeks to block NetOne successor call
12 Jul 2017 at 06:39hrs | Views
Ex-NetOne chief executive officer Mr Reward Kangai has filed an urgent chamber application at the High Court seeking to block the parastatal from appointing his successor, insisting he is still the boss.
But NetOne says Mr Kangai is no longer its employee as evidenced by payment of a severance package amounting to $247 984.33 to him. "The relationship between Applicant and Respondent is that of former employee and former employer. Applicant was paid out of his contract of employment from 30th November 2016 to 30th June 2017, the date which the contract of employment was billed to lapse," argued NetOne acting chief executive officer Mr Darlington Gutu, in his opposing affidavit.
"The fixed term contract expired on 30th June 2017. The cause for which Applicant seeks to approach the courts is no longer extant. It is actually irrelevant. It is not true." Mr Gutu said Mr Kangai had no right to protect and had "no direct or substantial interest" in NetOne's appointment of a Chief Executive Officer.
"If he alleges such interest, then it is baseless, for he is no longer an employee of the Applicant, by any stretch of imagination," he said. "Applicant's association with Respondent was through employment. Upon expiry of the employment, surely there is no longer any relationship between the parties."
Mr Gutu dismissed Mr Kangai's court action as "a misguided litigation safari". He argued that appointment of Chief Executive Officer by NetOne will in no way harm Mr Kangai.
Mr Gutu also accused Mr Kangai of being deceitful by not disclosing pertinent facts in his application relating to his employment relationship with NetOne, like the payment of severance package.
He confirmed that NetOne has advertised the post of chief executive officer, a fact Mr Kangai cannot accept. Mr Kangai insists he is still the NetOne boss. "I aver that I am still the Respondent's incumbent Chief Executive Officer as the respondent's purported termination of my contract of employment is unlawful and a nullity," he said.
Added Mr Kangai: "I have a reasonable fear and well-grounded apprehension of injury that the respondent will fill up my position before the court reaches a decision in the applications aforementioned.
"The Respondent has actively taken step to fill up my position by advertising the said position as being vacant.There is grave possibility that I will suffer irreparable harm should the Respondent fill up my position."
Mr Kangai implored the court to preserve the status quo until finalisation of pending cases.
He was dismissed after an audit implicated him in shady deals at NetOne.
He denies the charges.
But NetOne says Mr Kangai is no longer its employee as evidenced by payment of a severance package amounting to $247 984.33 to him. "The relationship between Applicant and Respondent is that of former employee and former employer. Applicant was paid out of his contract of employment from 30th November 2016 to 30th June 2017, the date which the contract of employment was billed to lapse," argued NetOne acting chief executive officer Mr Darlington Gutu, in his opposing affidavit.
"The fixed term contract expired on 30th June 2017. The cause for which Applicant seeks to approach the courts is no longer extant. It is actually irrelevant. It is not true." Mr Gutu said Mr Kangai had no right to protect and had "no direct or substantial interest" in NetOne's appointment of a Chief Executive Officer.
"If he alleges such interest, then it is baseless, for he is no longer an employee of the Applicant, by any stretch of imagination," he said. "Applicant's association with Respondent was through employment. Upon expiry of the employment, surely there is no longer any relationship between the parties."
Mr Gutu dismissed Mr Kangai's court action as "a misguided litigation safari". He argued that appointment of Chief Executive Officer by NetOne will in no way harm Mr Kangai.
Mr Gutu also accused Mr Kangai of being deceitful by not disclosing pertinent facts in his application relating to his employment relationship with NetOne, like the payment of severance package.
Added Mr Kangai: "I have a reasonable fear and well-grounded apprehension of injury that the respondent will fill up my position before the court reaches a decision in the applications aforementioned.
"The Respondent has actively taken step to fill up my position by advertising the said position as being vacant.There is grave possibility that I will suffer irreparable harm should the Respondent fill up my position."
Mr Kangai implored the court to preserve the status quo until finalisation of pending cases.
He was dismissed after an audit implicated him in shady deals at NetOne.
He denies the charges.
Source - the herald
