News / National
Ex-lecturer exposes Bindura Varsity vice-chancellor
29 Oct 2018 at 08:13hrs | Views
Former Bindura University of Science Education lecturer, Professor Macleans Mzumara, who is being sued by the Bindura University of Science Education vice-chancellor, Edias Mwenje, for allegedly damaging his character and reputation has bit back at his former boss.
Mzumara, who is yet to respond to the litigation responded Mwenje's summons filed at the High Court on October 5, 2018.
According to the court papers, there many issues Mzumara raises to defend himself.
"Plaintiff is in Contempt of lower Court and has refused to implement part (b) of the judgment that ordered the institution he is heading to back date Defendant's salary on promotion. Plaintiff selectively implemented only part (a) of the judgement that he illegally used to unlawfully dismiss the defendant. Plaintiff approaches the Honourable Court with dirty hands," reads one section of the court papers.
"Plaintiff is bringing frivolous matter before the Honourable Court to divert the attention of his employer knowing fully well that Zimbabwe Anti-Corruption Commission are ceased with his matter under Case No. 116/2/18 for the same," added Mzumara.
Mzumara states that Mwenje was fully investigated by independent forensic audit firm Grant Thornton and a 93 page report was compiled highlighting issues that now he is seeking defamation damages on.
Below is what Mzumara highlighted:
6. According to Black's Law dictionary the word corruption means "The act of an official or fiduciary person who unlawfully and wrongfully uses his station or character to procure some benefits for himself or another person contrary to duty and rights of others.
6.1 Plaintiff after dissolving the Finance Committee unilaterally invested in Tetrad US$550 000 without the consent of the Bindura University of Science Education at a time his nephew Tapiwa Virima at Tetrad was expecting promotion. Tetrad failed to pay on maturity. (page65 Grant Thornton report).
6.2 Page 43 evidence is provided where Plaintiff consumed benefits such as payment of electricity and water, DSTV and internet bills at his residence which his employer had not accorded and authorized him and was not entitled in his service contract.
7. Urban Dictionary a thief is defined as " anyone who has unrightfully taken what does not belong to him/her"
7.1 Page 43 the consumption of services without the authorization of Plaintiff employer portrays Plaintiff as a thief.
7.2 Page 58 Plaintiff overpaid himself US$19 410 domestic worker allowances and never felt morally to pay back to the university.
8. According to Oxford Dictionary "theft" means "the action or crime of stealing.
9. According to Thesaurus Dictionary a "thief" is synonym of a robber.
10. According to Oxford Dictionary defines criminal as "a person who has committed a crime."
10.1 Page 70 Plaintiff violated tender procedures in the purchase of Stand 325 Bindura Township at a cost of US$450 000. It is an offence in Zimbabwe to violate tender procedures. Plaintiff violated both internal and state.
10.2 Page 38 there was non-compliance with procurement policies and procedures of Bindura University of Science Education (BUSE) in the purchase of Plaintiff's official vehicle a Mercedes Benz. Further Plaintiff committed an Act of Misconduct in disobeying the Ministerial Circular 16 of 2013 that stipulated that a VC at a state university was entitled to a "Mercedes Benz E280/E300 sedan/Prado saloon vehicle which should not cost more than USD120 000." Plaintiff procured E350 at a cost of USD130 246.
10.3 Page 65 investment in Tetrad US$550 000 was criminal abuse of office.
11. Oxford Dictionary defines racketeering as "dishonest and fraudulent business dealings." 11.1 Pages 44-45 Plaintiff obtained 200 litres of fuel per week in form of liquid fuel from BUSE pump and redeemable coupons. Plaintiff brought receipts and was reimbursed US$5 132. This was fraud and racketeering as this was undue benefit. 12. Cambridge Dictionary defines nepotism as "the practice among those with power or influence of favouring relatives or friends especially by giving them jobs."
12.1 The recruitment of Plaintiff's wife Dr. Judith Mwenje and her promotion to Senior Lecturer. She is considered as unqualified by Zimbabwe Council on Higher Education to teach in the Faculty of Commerce in a full time salary in weekend/part time program due to mismatch of her qualifications.
12.2 Page 46 alleged brother-sister relationship between the Plaintiff and Mrs. Correta Chamboko, Assistant Bursar- Student accounts. She approved some controversial transactions despite her lowly level rank.
12.3 Page 17 unclear role of Mr. Dhlamini at BUSE. In the whole university only Plaintiff had information about him and his purpose.
12.4 Tinevimbo Gatawa was promoted without complying with the dictates of BUSE Act Section 25.
12.5 Dr. Mpofu a lecturer at BUSE is a relative of the Plaintiff.
12.6 Investing university funds in Tetrad where his nephew's ( Tapiwa Virima) promotion was a factor at the expense of analyzing the risk it would have to the university and not following procedures.
13. Oxford dictionary defines bogus as "not what it appears or claims to be." According to the same dictionary dubious is defined as "questionable".
13.1 Plaintiff instead of receiving money like in genuine awards has contributed to the cost of engraving trophy and certificate as well as dinner table at the expense of the university. He has not received any cash as there is no record of him having paid tax on his winnings. It is common knowledge that there are many other people who have paid for such awards.
Mzumara, who is yet to respond to the litigation responded Mwenje's summons filed at the High Court on October 5, 2018.
According to the court papers, there many issues Mzumara raises to defend himself.
"Plaintiff is in Contempt of lower Court and has refused to implement part (b) of the judgment that ordered the institution he is heading to back date Defendant's salary on promotion. Plaintiff selectively implemented only part (a) of the judgement that he illegally used to unlawfully dismiss the defendant. Plaintiff approaches the Honourable Court with dirty hands," reads one section of the court papers.
"Plaintiff is bringing frivolous matter before the Honourable Court to divert the attention of his employer knowing fully well that Zimbabwe Anti-Corruption Commission are ceased with his matter under Case No. 116/2/18 for the same," added Mzumara.
Mzumara states that Mwenje was fully investigated by independent forensic audit firm Grant Thornton and a 93 page report was compiled highlighting issues that now he is seeking defamation damages on.
Below is what Mzumara highlighted:
6. According to Black's Law dictionary the word corruption means "The act of an official or fiduciary person who unlawfully and wrongfully uses his station or character to procure some benefits for himself or another person contrary to duty and rights of others.
6.1 Plaintiff after dissolving the Finance Committee unilaterally invested in Tetrad US$550 000 without the consent of the Bindura University of Science Education at a time his nephew Tapiwa Virima at Tetrad was expecting promotion. Tetrad failed to pay on maturity. (page65 Grant Thornton report).
6.2 Page 43 evidence is provided where Plaintiff consumed benefits such as payment of electricity and water, DSTV and internet bills at his residence which his employer had not accorded and authorized him and was not entitled in his service contract.
7. Urban Dictionary a thief is defined as " anyone who has unrightfully taken what does not belong to him/her"
7.1 Page 43 the consumption of services without the authorization of Plaintiff employer portrays Plaintiff as a thief.
7.2 Page 58 Plaintiff overpaid himself US$19 410 domestic worker allowances and never felt morally to pay back to the university.
8. According to Oxford Dictionary "theft" means "the action or crime of stealing.
9. According to Thesaurus Dictionary a "thief" is synonym of a robber.
10. According to Oxford Dictionary defines criminal as "a person who has committed a crime."
10.1 Page 70 Plaintiff violated tender procedures in the purchase of Stand 325 Bindura Township at a cost of US$450 000. It is an offence in Zimbabwe to violate tender procedures. Plaintiff violated both internal and state.
10.2 Page 38 there was non-compliance with procurement policies and procedures of Bindura University of Science Education (BUSE) in the purchase of Plaintiff's official vehicle a Mercedes Benz. Further Plaintiff committed an Act of Misconduct in disobeying the Ministerial Circular 16 of 2013 that stipulated that a VC at a state university was entitled to a "Mercedes Benz E280/E300 sedan/Prado saloon vehicle which should not cost more than USD120 000." Plaintiff procured E350 at a cost of USD130 246.
10.3 Page 65 investment in Tetrad US$550 000 was criminal abuse of office.
11. Oxford Dictionary defines racketeering as "dishonest and fraudulent business dealings." 11.1 Pages 44-45 Plaintiff obtained 200 litres of fuel per week in form of liquid fuel from BUSE pump and redeemable coupons. Plaintiff brought receipts and was reimbursed US$5 132. This was fraud and racketeering as this was undue benefit. 12. Cambridge Dictionary defines nepotism as "the practice among those with power or influence of favouring relatives or friends especially by giving them jobs."
12.1 The recruitment of Plaintiff's wife Dr. Judith Mwenje and her promotion to Senior Lecturer. She is considered as unqualified by Zimbabwe Council on Higher Education to teach in the Faculty of Commerce in a full time salary in weekend/part time program due to mismatch of her qualifications.
12.2 Page 46 alleged brother-sister relationship between the Plaintiff and Mrs. Correta Chamboko, Assistant Bursar- Student accounts. She approved some controversial transactions despite her lowly level rank.
12.3 Page 17 unclear role of Mr. Dhlamini at BUSE. In the whole university only Plaintiff had information about him and his purpose.
12.4 Tinevimbo Gatawa was promoted without complying with the dictates of BUSE Act Section 25.
12.5 Dr. Mpofu a lecturer at BUSE is a relative of the Plaintiff.
12.6 Investing university funds in Tetrad where his nephew's ( Tapiwa Virima) promotion was a factor at the expense of analyzing the risk it would have to the university and not following procedures.
13. Oxford dictionary defines bogus as "not what it appears or claims to be." According to the same dictionary dubious is defined as "questionable".
13.1 Plaintiff instead of receiving money like in genuine awards has contributed to the cost of engraving trophy and certificate as well as dinner table at the expense of the university. He has not received any cash as there is no record of him having paid tax on his winnings. It is common knowledge that there are many other people who have paid for such awards.
Source - Byo24News
