News / National
Pasi walks away scot free
27 May 2017 at 04:12hrs | Views
Former Zimbabwe Revenue Authority (Zimra) Commissioner-General Gershom Pasi, who resigned this week, will walk away scot free, as his resignation removes the right for Zimra to bring him to a hearing over the 40 charges of corruption and misconduct he was facing.
Legal experts noted yesterday that the Labour Act was clear on the relationship between the employer and the employee, and once one resigned, the employer losses the right to pursue discplinary action.
This means that justice might never be served on Mr Pasi's 40 charges of corruption.
Mr Pasi resigned on Monday citing irretrievably broken down relations with his former employer, who last year suspended him over a slew of misconduct allegations and corruption.
Law experts said the Labour Act provided for the conduct between an employer and employee, and once a contract was terminated, the authority over the employee ends.
The 40 counts of misconduct and corruption Mr Pasi faced included vehicle importation scams and other charges dating back to 2009.
Lawyers interviewed by our Harare Bureau said once an employee resigned, an employer had no power to institute disciplinary measures.
The lawyers said resignation was a unilateral act which did not have to be opposed.
University of Zimbabwe law lecturer, Professor Lovemore Madhuku, said misconduct charges were not criminal charges and they could only be raised in context of benefits.
"Once a person resigns, they cannot be summoned for any hearing by the former employer. A resignation is effective once an employee has notified the employer. It is a unilateral act which cannot be opposed.
"Issues between two parties can only be discussed in the context of benefits and an aggrieved party can take the other to court. A person facing misconduct charges always has an option to resign," he said.
Harare lawyer, Mr Charles Chinyama, said the nation was concerned about the public funds involved in the matter and it was now impossible to pursue disciplinary action since Mr Pasi decided to resign.
"They should have put him on trial because misconduct charges are not criminal," he said. "They will now give him a package and one wonders why they charged him in the first place, unless they wanted to relieve him of his duties."
Another lawyer, Mr Jacob Mafume, said there would be no point of summoning Mr Pasi to any hearing since he had already left the organisation.
"There would be no point as the person has resigned," he said. "The idea of the proceedings is to discipline the employee. If they need to recover money or something, there are other avenues like the civil court in the case of theft or the criminal court."
In his resignation, Mr Pasi made it clear that he did not want to be subjected to any hearing, professing his innocence.
"For the foregoing reasons, I cannot in good conscience subject myself to the instituted disciplinary process," he said. "I refuse to chlorinate that process.
It is in the national interest, the authority's interest and my own interest that I terminate my employment with the authority.
"I terminate the relationship the very same way it was consummated, with peace, tranquility and restraint. I clothe myself in dignity as I put off my tittle and call time on the long and gratifying association that I have had with the authority. I have decided to walk. I do so with effect from today May, 22, 2017."
Efforts to contact the two parties were futile yesterday, but sources said Zimra and Mr Pasi signed a non-disclosure agreement and they were forced to issue a statement following inquiries by the media.
Among other charges, Comm-Gen Pasi was facing allegations of signing a $14 million contract with a company called AVIC International for the supply of uniforms and toll gate equipment without following tender procedures.
He was also accused of failure to investigate the alleged fraudulent importation of vehicles by Zimra executives, authorising his daughter to use the authority's vehicle and approving salary increments without board approval.
Comm-Gen Pasi was also expected to answer to allegations of allocating himself excessive vehicle allowances to an extent of getting $374 451 between 2014 and May 2016.
Legal experts noted yesterday that the Labour Act was clear on the relationship between the employer and the employee, and once one resigned, the employer losses the right to pursue discplinary action.
This means that justice might never be served on Mr Pasi's 40 charges of corruption.
Mr Pasi resigned on Monday citing irretrievably broken down relations with his former employer, who last year suspended him over a slew of misconduct allegations and corruption.
Law experts said the Labour Act provided for the conduct between an employer and employee, and once a contract was terminated, the authority over the employee ends.
The 40 counts of misconduct and corruption Mr Pasi faced included vehicle importation scams and other charges dating back to 2009.
Lawyers interviewed by our Harare Bureau said once an employee resigned, an employer had no power to institute disciplinary measures.
The lawyers said resignation was a unilateral act which did not have to be opposed.
University of Zimbabwe law lecturer, Professor Lovemore Madhuku, said misconduct charges were not criminal charges and they could only be raised in context of benefits.
"Once a person resigns, they cannot be summoned for any hearing by the former employer. A resignation is effective once an employee has notified the employer. It is a unilateral act which cannot be opposed.
"Issues between two parties can only be discussed in the context of benefits and an aggrieved party can take the other to court. A person facing misconduct charges always has an option to resign," he said.
"They should have put him on trial because misconduct charges are not criminal," he said. "They will now give him a package and one wonders why they charged him in the first place, unless they wanted to relieve him of his duties."
Another lawyer, Mr Jacob Mafume, said there would be no point of summoning Mr Pasi to any hearing since he had already left the organisation.
"There would be no point as the person has resigned," he said. "The idea of the proceedings is to discipline the employee. If they need to recover money or something, there are other avenues like the civil court in the case of theft or the criminal court."
In his resignation, Mr Pasi made it clear that he did not want to be subjected to any hearing, professing his innocence.
"For the foregoing reasons, I cannot in good conscience subject myself to the instituted disciplinary process," he said. "I refuse to chlorinate that process.
It is in the national interest, the authority's interest and my own interest that I terminate my employment with the authority.
"I terminate the relationship the very same way it was consummated, with peace, tranquility and restraint. I clothe myself in dignity as I put off my tittle and call time on the long and gratifying association that I have had with the authority. I have decided to walk. I do so with effect from today May, 22, 2017."
Efforts to contact the two parties were futile yesterday, but sources said Zimra and Mr Pasi signed a non-disclosure agreement and they were forced to issue a statement following inquiries by the media.
Among other charges, Comm-Gen Pasi was facing allegations of signing a $14 million contract with a company called AVIC International for the supply of uniforms and toll gate equipment without following tender procedures.
He was also accused of failure to investigate the alleged fraudulent importation of vehicles by Zimra executives, authorising his daughter to use the authority's vehicle and approving salary increments without board approval.
Comm-Gen Pasi was also expected to answer to allegations of allocating himself excessive vehicle allowances to an extent of getting $374 451 between 2014 and May 2016.
Source - chronicle
