12 council bosses fight Govt over pay cuts

TWELVE Bulawayo City Council bosses have taken their employer and the Government to court challenging the slashing of their salaries and allowances.

The reduction of the salaries and perks follows a ministerial directive to reduce the remuneration for top council managers by 40 percent of their total packages.

The council senior management under a grouping called "The Executive Group of the Staff" through its lawyers Calderwood, Bryce Hendrie and Partners yesterday filed an urgent chamber application at the Bulawayo High Court citing Local Government, Public Works and National Housing Minister Saviour Kasukuwere and the Bulawayo City Council as the respondents.

The council bosses, through the Executive Group of the Staff chairperson, Mr Mackenzie Widzani Moyo, are seeking an order interdicting their employer from implementing its July 14, 2016, resolution for the reduction of allowances payable to them pending the determination and finalisation of a case before the Ministry of Public Service, Labour and Social Welfare.

The applicants want the council to be ordered to defer the running of the July 2016 payroll.

Mr Moyo, who is also the council's assistant director of housing and community services, in his founding affidavit, said there was no legal basis upon which the ministerial directive was premised.

"It's our contention that while the Minister's powers in terms of the Urban Councils Act may be wide in terms of him regulating the activities of local authorities, they however, don't allow him to take away rights the local authorities would have lawfully bestowed upon third parties," argued Mr Moyo.

He further argued that the actions by their employer and the Minister were a violation of their rights in terms of the Labour Act.

"We believe these are rights that may not be taken away from us on the basis of powers of the Minister given to him by the Urban Councils Act. Clearly if on the basis of any other law someone were to say that they are entitled to take away fundamental rights of employees protected by the Labour Act, there would be a conflict between the Labour Act and any other such law that the person would be seeking to rely upon," said Moyo.

He argued that as a result of the council's move, they stood to be prejudiced of their income and also risked being sued by creditors if their commitments were not met fully.

"Our lives and those of our families depend on our income from employment. The family budget is already set and taking away something from it means certain commitments cannot be met," said Moyo.

Kimpton Zenzo Ndimande (finance director), Simela Dube (director of engineering services), Spekiwa Mugiya (legal officer), Dictor Khumalo (assistant director of housing and community services), Makhosi Tshalebwa (human resources manager) and Richard Peterson (chief fire officer) also filed their supporting affidavits concurring with Moyo. The other bosses include Masocha Mtshena (assistant director of health services), Tennyson Mpunzi (chief internal auditor), Thabani Ncube (city valuer) and Mpazamiso Ndebele (information and technology manager).

Bulawayo Mayor, Mr Martin Moyo, in a letter dated July 13, 2016, instructed the acting town clerk to implement the council resolution.

Recently Permanent Secretary in the Ministry of Local Government, Public Works and National Housing, Engineer George Mlilo warned council executives who disregarded Government's directive to cut their salaries that they will be forced to pay back the money. The intervention by Government came after revelations that some council bosses were paying themselves unsustainable salaries and allowances per month at the expense of basic service delivery.