News / National
Teachers sue Zimbabwe Teachers' Association (Zimta)
19 Oct 2022 at 05:57hrs | Views
THE High Court will tomorrow hear a matter involving two disgruntled teachers who are suing the Zimbabwe Teachers' Association (Zimta) for allegedly failing to initiate a forensic audit of its finances in the last eight years.
Bulawayo High Court judge Justice Christopher Dube-Banda will preside over the hearing.
In November 2020, the two teachers who are based in Bulawayo, wrote a petition to the Zimta leadership demanding the release of audited accounts for members' contributions for various schemes managed by the organisation. The Zimta leadership allegedly ignored the petition.
Mr Tendeukai Mukurunga and Mr Albert Mukando, who are both self-actors, last year filed an application at the Bulawayo High Court citing Zimta, their representative body, as a respondent.
In his founding affidavit, Mr Mukurunga said despite the petition, Zimta failed and neglected to respond.
"I am distressed with the fact that our duly elected Zimta leadership is running the organisation with seemingly no accountability in terms of managing our finances. We insisted and demanded that Zimta release the full audited financial accounts of the association, and our request was ignored," he said.
Mr Mukurunga said clause 10 of the Zimta constitution stipulates that the national executive must ensure that all the accounts are audited annually and thereafter submitted for adoption by the national conference.
"The laws of Zimbabwe, more specifically, the Public Service (Formation and Recognition of associations) Regulations 1998, under section 3(2) (h) requires that all associations must provide certified copies of their audited annual accounts to their respective members," he said.
"We seek access to the audited financial statements and audit certificates of Zimta for the period 2012-2020 because we do not have any records or information pertaining to this period at hand."
Mr Mukurunga said for the better part of the last decade, Zimta would at annual conferences, through the treasurer's report prepare extracts of financial statements which summarised the financial transactions of the previous year.
The two teachers argued that Zimta was violating their constitutional right to access to information.
"The refusal and frankly arrogant disregard of the law as well as our constitutional rights invite the involvement of this honourable court. We know of no legal impediment to the release of this information which is required by law and constitutional mandate to be released annually," argued Mr Mukurunga.
The applicants want an order directing Zimta to prepare and send certified copies of the audit reports and certificates covering the period from 2012-2020 within five days of issue of the order.
In their petition, the two teachers want the Zimta leadership to disclose the full status of their bereavement fund which is 2,8 percent of the monthly contributions that is set aside.
They also want Zimta to disclose the full status of the emergency fund, which translates to 5,6 percent of their monthly contributions.
"We demand a full account of district refunds for at least five years, as districts were abandoned long back without any explanations given. Districts are no longer functional for quite a number of years," said the teachers.
"The national executive is now making its unilateral decisions without consulting districts as if they are non-existent."
They also demanded full disclosure of all monies that were channelled to the farm including the full account and all companies that were hired to do the work at the farm.
"We demand an account of high level appointments by Zimta that are proving expensive to the organisation be given in full. Zimta national executive have failed to release subscriptions to the provinces since September," reads the petition.
Zimta through its lawyers, Coghlan and Welsh Legal Practitioners, challenged the application.
In his opposing affidavit, Zimta chief executive officer, Dr Sifiso Ndlovu said the applicants are making bald assertions not supported by facts.
"Audits are done annually and no year has ever been missed since 1981 until 2020 and as Zimta we have all the copies and audits are shared with provincial delegates at the national conference whose average attendance is 200 delegates," he said.
The national conference is the supreme body of Zimta made up of delegates from the association's provincial districts.
Dr Ndlovu said Zimta could not respond to the petition since the applicants had not identified themselves as legitimate members.
"Zimta is a union of professionals who respect the rule of law and regulations pronounced by its constitution, rules and by-laws and indeed laws of the land. We respect structural decisions and mandates, and at no time has Zimta leadership exercised extra-territorial roles as to approximate unilateralism in decision making," he argued.
Dr Ndlovu disputed allegations by the respondents that Zimta has been failing to provide audited accounts of the association.
"No audit results were ever withheld since time immemorial because we are an organisation bound by its constitution. The applicants should accordingly follow the procedures laid down thereon to access information or air grievances," he said.
"The applicants are on a frolic of their own. There is no proof that they have authority to represent other members other than themselves."
Bulawayo High Court judge Justice Christopher Dube-Banda will preside over the hearing.
In November 2020, the two teachers who are based in Bulawayo, wrote a petition to the Zimta leadership demanding the release of audited accounts for members' contributions for various schemes managed by the organisation. The Zimta leadership allegedly ignored the petition.
Mr Tendeukai Mukurunga and Mr Albert Mukando, who are both self-actors, last year filed an application at the Bulawayo High Court citing Zimta, their representative body, as a respondent.
In his founding affidavit, Mr Mukurunga said despite the petition, Zimta failed and neglected to respond.
"I am distressed with the fact that our duly elected Zimta leadership is running the organisation with seemingly no accountability in terms of managing our finances. We insisted and demanded that Zimta release the full audited financial accounts of the association, and our request was ignored," he said.
Mr Mukurunga said clause 10 of the Zimta constitution stipulates that the national executive must ensure that all the accounts are audited annually and thereafter submitted for adoption by the national conference.
"The laws of Zimbabwe, more specifically, the Public Service (Formation and Recognition of associations) Regulations 1998, under section 3(2) (h) requires that all associations must provide certified copies of their audited annual accounts to their respective members," he said.
"We seek access to the audited financial statements and audit certificates of Zimta for the period 2012-2020 because we do not have any records or information pertaining to this period at hand."
Mr Mukurunga said for the better part of the last decade, Zimta would at annual conferences, through the treasurer's report prepare extracts of financial statements which summarised the financial transactions of the previous year.
The two teachers argued that Zimta was violating their constitutional right to access to information.
"The refusal and frankly arrogant disregard of the law as well as our constitutional rights invite the involvement of this honourable court. We know of no legal impediment to the release of this information which is required by law and constitutional mandate to be released annually," argued Mr Mukurunga.
The applicants want an order directing Zimta to prepare and send certified copies of the audit reports and certificates covering the period from 2012-2020 within five days of issue of the order.
In their petition, the two teachers want the Zimta leadership to disclose the full status of their bereavement fund which is 2,8 percent of the monthly contributions that is set aside.
"We demand a full account of district refunds for at least five years, as districts were abandoned long back without any explanations given. Districts are no longer functional for quite a number of years," said the teachers.
"The national executive is now making its unilateral decisions without consulting districts as if they are non-existent."
They also demanded full disclosure of all monies that were channelled to the farm including the full account and all companies that were hired to do the work at the farm.
"We demand an account of high level appointments by Zimta that are proving expensive to the organisation be given in full. Zimta national executive have failed to release subscriptions to the provinces since September," reads the petition.
Zimta through its lawyers, Coghlan and Welsh Legal Practitioners, challenged the application.
In his opposing affidavit, Zimta chief executive officer, Dr Sifiso Ndlovu said the applicants are making bald assertions not supported by facts.
"Audits are done annually and no year has ever been missed since 1981 until 2020 and as Zimta we have all the copies and audits are shared with provincial delegates at the national conference whose average attendance is 200 delegates," he said.
The national conference is the supreme body of Zimta made up of delegates from the association's provincial districts.
Dr Ndlovu said Zimta could not respond to the petition since the applicants had not identified themselves as legitimate members.
"Zimta is a union of professionals who respect the rule of law and regulations pronounced by its constitution, rules and by-laws and indeed laws of the land. We respect structural decisions and mandates, and at no time has Zimta leadership exercised extra-territorial roles as to approximate unilateralism in decision making," he argued.
Dr Ndlovu disputed allegations by the respondents that Zimta has been failing to provide audited accounts of the association.
"No audit results were ever withheld since time immemorial because we are an organisation bound by its constitution. The applicants should accordingly follow the procedures laid down thereon to access information or air grievances," he said.
"The applicants are on a frolic of their own. There is no proof that they have authority to represent other members other than themselves."
Source - The Chronicle
