News / National
Former ZBC boss challenges dismissal
04 May 2018 at 07:27hrs | Views
FORMER ZBC head of Radio and Television Services, Tendai Madondo, who was fired over fraud has written to the broadcaster's appeals committee challenging her conviction and subsequent dismissal.
Madondo was accused of improperly contracting Hogo Studios to do rebranded designs for ZBC TV and Classic FM logos and inflating the prices. But Madondo insisted that she only made a suggestion to that effect since her office did not deal with procurement issues.
It was alleged Madondo inflated the invoice for a job that could have been done for between $129 and $300 to $4 900.
In papers filed with the committee through her lawyer, Cyprian Chabvepi, Madondo argued that the testimonies presented before the hearing committee that found her guilty did not prove a prima facie case against her.
During the hearing, head of procurement, Gibson Sibanda said it was his decision to have Hogo Studios proceed with the job after receiving the requisition in late November.
However, Sibanda later said he had first received the requisition on September 27, but it was later cancelled.
In the appeal, Chabvepi argued that the charges smacked of malice, as there was too much speculation.
He said the evidence presented during the hearing did not demonstrate that Madondo generated the contentious quotation or invoice "as a way of getting a benefit from it" as alleged.
"For the charge of fraud to stick, certain elements must be proven and must have indeed occurred.
There must be a fraudulent act, including misrepresentation (As a false statement or a lie)," he said.
He said chief technical resources officer, Raphael Mugabe confirmed that he was the one who raised the requisition after receiving a quotation from Hogo Studios to do the company's rebranded logo.
"What is apparent from this evidence is also there is no misrepresentation envisaged in the legal elements of a fraud expected by law," he said.
Chabvepi told NewsDay that should the company fail to reinstate Madondo on appeal, they were taking the matter up to the Labour Court.
Madondo was accused of improperly contracting Hogo Studios to do rebranded designs for ZBC TV and Classic FM logos and inflating the prices. But Madondo insisted that she only made a suggestion to that effect since her office did not deal with procurement issues.
It was alleged Madondo inflated the invoice for a job that could have been done for between $129 and $300 to $4 900.
In papers filed with the committee through her lawyer, Cyprian Chabvepi, Madondo argued that the testimonies presented before the hearing committee that found her guilty did not prove a prima facie case against her.
During the hearing, head of procurement, Gibson Sibanda said it was his decision to have Hogo Studios proceed with the job after receiving the requisition in late November.
However, Sibanda later said he had first received the requisition on September 27, but it was later cancelled.
He said the evidence presented during the hearing did not demonstrate that Madondo generated the contentious quotation or invoice "as a way of getting a benefit from it" as alleged.
"For the charge of fraud to stick, certain elements must be proven and must have indeed occurred.
There must be a fraudulent act, including misrepresentation (As a false statement or a lie)," he said.
He said chief technical resources officer, Raphael Mugabe confirmed that he was the one who raised the requisition after receiving a quotation from Hogo Studios to do the company's rebranded logo.
"What is apparent from this evidence is also there is no misrepresentation envisaged in the legal elements of a fraud expected by law," he said.
Chabvepi told NewsDay that should the company fail to reinstate Madondo on appeal, they were taking the matter up to the Labour Court.
Source - newsday
