Noczim likely to lose its properties due to debt

State-owned National Oil Company of Zimbabwe (Noczim), could lose its headquarters in central Harare if the messenger of court enforces a High court order.

The High Court has okayed the attachment of Noczim's Harare headquarters to settle retrenchment packages for former managers of the State oil importer.

The five former managers are owed a total of just over $1 million. Rogers Matsikidze of Matsikidze and Mucheche law firm, who is representing the managers, said he was happy with the writ of execution.

"We are happy with how the case has moved and now wait for the attachment of property that has equivalent value to the owed money," Matsikidze told the Daily News on Sunday.

"The kind of property we are looking for are things like Noczim House, cars and computers but we should begin with immovable assets first which I doubt would be sufficient."

During the unbundling exercise, some employees, including those in managerial positions lost their jobs or were transferred.

A formula for the retrenchment and transfer exercises was then agreed after negotiations between the board and employees which was then communicated to the parent ministry of Energy and Power Development.

On February 14, 2011, Noczim wrote to the secretary for Transport requesting for funding for the retrenchment packages with a view of paying the affected employees.

The documents show that the applicants in the case; Tendai Mangezi, the then director corporate services is owed - according to the documents - almost $220 000; finance director Isaac Mhaka is owed $240 000; marketing and distribution director Krispen Mashange $215 000, procurement director Clever Maodzwa $220 000 and human resources director Netsai Masiyanise $190 000. They were all retrenched.

The owed monies were for notice pay, severance packages, service pay, stabilisation, distribution pay, cash-in-lieu of school fees, holiday allowance, purchase price of vehicle and a laptop valued at zero, according to court papers.

The Noczim board chairperson wrote to the ministry of Labour and Social Services on April 20, 2011 requesting for approval of retrenchment packages for 14 managerial employees.

Nine managerial employees were then paid but the packages for the applicants were withheld without their consent or that of the Retrenchment Board. The applicants made an application to the ministry of Labour for conciliation after failing to find an amicable solution with Noczim.

The matter was heard by a labour officer identified only as G Kwaramba and then referred to compulsory arbitration.

An arbitration hearing in May 2011 was attended by the applicants, but Noczim officials failed to attend and gave no reasons or apology.

An interim order was granted for the claimants to submit their claim in full and for the respondent Noczim to respond to the claims but still the parastatal did not respond.

In a timid response that has since been dismissed by the High Court, Noczim with the support of Energy minister Elton Mangoma accused the five former directors of embezzling $13 million.

In signed affidavits Mangoma and Noczim said a forensic audit unearthed massive abuse of funds, an accusation strenuously denied by the accused.

"None of our clients has been charged with any theft of any sort and we have not seen the audit report," Matsikidze, who is representing the directors, said.

"If ever they have lost the money and are sure our clients have stolen that kind of money which we doubt very much then why don't they make it a criminal case. We will be waiting.