News / National
Mthwakazi party leader sues govt
19 Jul 2017 at 06:43hrs | Views
Secessionist Mthwakazi Republic Party (MRP) leader, Mqondisi Moyo, who quit his government post as an accounts assistant with the Agricultural Extension Services (Agritex) for Matabeleland North province citing victimisation, has taken his former employer to court demanding $7 000 in outstanding salaries and benefits.
Moyo filed the litigation at the Bulawayo Labour Court after Agritex charged him with misconduct, even though he had already resigned from government.
He cited the Civil Service Commission and Agriculture ministry secretary as well as the Agritex director as respondents, in a matter which was scheduled to start on Monday, but was postponed indefinitely to allow for the serving of notices to the respondents.
In his suit, Moyo said his employer erroneously charged him with misconduct and stopped paying his salary for 15 months despite the absence of a determination from a disciplinary hearing.
The lawsuit arose after Agritex director, one B Mache, wrote to Moyo on March 30 this year charging him for misconduct.
This follows Moyo's refusal to be transferred to Mashonaland Central or Matabeleland South provinces, or to go to United College of Education or to work under the Higher Education ministry or the Rural Development ministry.
"Reference is made to the misconduct charge preferred to you on July 13, 2015 and February 23, 2016, respectively, … your letters responding to the charges and according to the Public Service Regulations 2000, as amended with section 45(4) … I find you guilty by own admission on the charge that you contested in the July 2013 harmonised elections for the position of Member of Parliament for Entumbane-Emakhandeni constituency in Bulawayo without the written authority of the PSC," Mache wrote.
He further ruled that Moyo should lose four months' salary for defying lawful transfer orders from his superiors.
However, in response, Moyo argued he was at work all the material time and must be paid.
In his letter dated December 30, 2016, Moyo said he had indicated that he would be officially quitting government service on April 1, 2017, meaning that all the misconduct charges levelled against him were illegal and aimed at depriving him of his terminal benefits.
"My resignation from the service is necessitated by the unfair labour practice by the Public Service Commission…," he wrote.
Moyo filed the litigation at the Bulawayo Labour Court after Agritex charged him with misconduct, even though he had already resigned from government.
He cited the Civil Service Commission and Agriculture ministry secretary as well as the Agritex director as respondents, in a matter which was scheduled to start on Monday, but was postponed indefinitely to allow for the serving of notices to the respondents.
In his suit, Moyo said his employer erroneously charged him with misconduct and stopped paying his salary for 15 months despite the absence of a determination from a disciplinary hearing.
The lawsuit arose after Agritex director, one B Mache, wrote to Moyo on March 30 this year charging him for misconduct.
"Reference is made to the misconduct charge preferred to you on July 13, 2015 and February 23, 2016, respectively, … your letters responding to the charges and according to the Public Service Regulations 2000, as amended with section 45(4) … I find you guilty by own admission on the charge that you contested in the July 2013 harmonised elections for the position of Member of Parliament for Entumbane-Emakhandeni constituency in Bulawayo without the written authority of the PSC," Mache wrote.
He further ruled that Moyo should lose four months' salary for defying lawful transfer orders from his superiors.
However, in response, Moyo argued he was at work all the material time and must be paid.
In his letter dated December 30, 2016, Moyo said he had indicated that he would be officially quitting government service on April 1, 2017, meaning that all the misconduct charges levelled against him were illegal and aimed at depriving him of his terminal benefits.
"My resignation from the service is necessitated by the unfair labour practice by the Public Service Commission…," he wrote.
Source - newsday
