Tongogara fights redeployment

Zimbabwe Anti-Corruption Commission manager Ms Sukai Tongogara has written to the commission demanding reinstatement to her position of general manager (investigations), arguing her redeployment was victimisation and unfair labour practice.

Ms Tongogara was reassigned to a new post of general manager (external relations and international conventions).The redeployment came after she was acquitted of two counts of improper conduct last July.

Through her lawyer Mr Joel Mambara of J Mambara and Partners, Ms Tongogara is threatening legal action if the commission refuses to reinstate her.

In a letter to the commission chairman, Mr Mambara accused the commission of victimising his client.

"It can easily be concluded that our client is being victimised for some unknown reasons," said Mr Mambara in a letter dated August 31, 2016.

"This constitutes an unfair labour practice. We have instructions to demand, as we hereby do, that our client be reinstated into her position of general manager (investigations) with immediate effect. We have further instructions to refer this matter to a court of law for an appropriate remedy."

Ms Tongogara was cleared of charges of misconduct following a disciplinary hearing last month. She was accused of being part of the secretariat that formed a private company called Private Mortgage Company (PMC) without the knowledge or resolution of the commission.

It was further alleged that Ms Tongogara and three others diverted $1,7 million from Treasury to buy individual shares in a private company. This was said to be tantamount to theft of public funds and making improper use of public funds.

Ms Tongogara denied both allegations. In his scathing letter, Mr Mambara said his client was maliciously charged with certain acts of misconduct and unlawfully suspended from work.

But a fully-contested hearing absolved her.

"Thus, automatically, she reverted to her position of general manager, Investigations. Despite her acquittal, your commission did not allow her to occupy her office and resume her duties."

Last month, without any consultations with her, Ms Tongogara was handed a memorandum advising her that on August 2, 2016, the Commission resolved to reassign her to a newly created post of general manager (external relations and international conventions).

"We would like to submit that this was never done in good spirit and with the intention to further our client's interests," said Mr Mambara.

"In any case, the purpose of the labour laws of this country, in particular as enshrined in Section 2A of the Labour Act (Chapter 28:01), is to advance social justice and democracy in the workplace by the promotion of the participation by employees in decisions affecting their interests in the work place."

Ms Tongogara, said the lawyer, was not even involved in coming up with the scope of the job and the key result areas.

"All this was done without the participation of our client," he said.

"Your commission did not find it fit to call our client for a discussion of the new job."

At the disciplinary hearing, Ms Tongogara was charged together with three others — Mr Christopher Chisango (general manager finance, administration and human resources), Mr Edwin Mubataripi (general manager, prevention and advocacy) and Mr Gibson Mangwiro — who was the chief accountant/finance manager.

The three managers were convicted of engaging in corrupt activities that involved the former Zimbabwe Anti-Corruption Commission (ZACC) chief executive Ngonidzashe Gumbo.

Gumbo, a former senior assistant commissioner in the Zimbabwe Republic Police, was jailed for two years last year for defrauding the commission of $435 000.