News / National
Council approaches Supreme Court over US$2 fraud case
12 Oct 2024 at 11:20hrs | Views
The Chikomba Rural District Council (RDC) is making a renewed effort to appeal to the Supreme Court following two unsuccessful attempts to challenge a Labour Court judgment that cleared its former employee, Lawrence Magwiroto, of defrauding the local authority of US$2.
Magwiroto, previously employed as a field officer, was dismissed by the Chikomba RDC in 2020 after being found guilty of fraud during an internal hearing. The local authority alleged that he manipulated cash payments from ratepayers, claiming he defrauded them of ZWL$50, equivalent to US$2.50 at the time.
Following his dismissal, Magwiroto appealed to Chief Executive Officer Bullen Chiwara, who upheld the internal hearing's decision. Subsequently, Magwiroto, represented by Lawman Law Chambers, appealed to the Exemptions Committee of the National Employment Council of Rural District Councils. This committee ruled in his favor, reinstating him to his previous position with full salary reinstatement.
In response, the Chikomba RDC filed an appeal (case LC/H/89/21) in the Labour Court, asserting that Magwiroto was guilty of the fraud charges. However, Labour Court Judge Justice Lawrence Murasi dismissed the council's appeal, citing a lack of evidence for fraudulent misrepresentation.
"Having regard to the pleadings filed by the appellant, it is evident that no evidence of a fraudulent misrepresentation was made," Justice Murasi stated. He explained that although Magwiroto wrote different figures than those actually banked, the correct amounts were deposited under the EcoCash biller code.
Despite two prior attempts to seek leave to appeal to the Supreme Court being struck off the roll due to defective applications, Chikomba RDC is now seeking condonation for the late filing of a new application. Human Resources Manager Tererai Chiriga, through the legal firm Gill, Godlonton and Gerrans, claims that the local authority has addressed the issues highlighted by the Labour Court.
Among its grounds for appeal, Chikomba RDC argues that the Labour Court misrepresented the nature of Magwiroto's employment, stating he was a field officer when he was actually a revenue clerk. "Considering the great difference between these two positions, it is my firm belief that if this honourable court had determined this matter on the correct factual basis, it would have arrived at a different conclusion," Chiriga asserted.
The Chikomba RDC is hopeful that the Supreme Court of Zimbabwe will vacate the Labour Court's judgment based on these grounds, as they continue to pursue justice regarding the fraud allegations against Magwiroto. The outcome of this appeal could have significant implications for the council and its efforts to uphold financial integrity.
Magwiroto, previously employed as a field officer, was dismissed by the Chikomba RDC in 2020 after being found guilty of fraud during an internal hearing. The local authority alleged that he manipulated cash payments from ratepayers, claiming he defrauded them of ZWL$50, equivalent to US$2.50 at the time.
Following his dismissal, Magwiroto appealed to Chief Executive Officer Bullen Chiwara, who upheld the internal hearing's decision. Subsequently, Magwiroto, represented by Lawman Law Chambers, appealed to the Exemptions Committee of the National Employment Council of Rural District Councils. This committee ruled in his favor, reinstating him to his previous position with full salary reinstatement.
In response, the Chikomba RDC filed an appeal (case LC/H/89/21) in the Labour Court, asserting that Magwiroto was guilty of the fraud charges. However, Labour Court Judge Justice Lawrence Murasi dismissed the council's appeal, citing a lack of evidence for fraudulent misrepresentation.
Despite two prior attempts to seek leave to appeal to the Supreme Court being struck off the roll due to defective applications, Chikomba RDC is now seeking condonation for the late filing of a new application. Human Resources Manager Tererai Chiriga, through the legal firm Gill, Godlonton and Gerrans, claims that the local authority has addressed the issues highlighted by the Labour Court.
Among its grounds for appeal, Chikomba RDC argues that the Labour Court misrepresented the nature of Magwiroto's employment, stating he was a field officer when he was actually a revenue clerk. "Considering the great difference between these two positions, it is my firm belief that if this honourable court had determined this matter on the correct factual basis, it would have arrived at a different conclusion," Chiriga asserted.
The Chikomba RDC is hopeful that the Supreme Court of Zimbabwe will vacate the Labour Court's judgment based on these grounds, as they continue to pursue justice regarding the fraud allegations against Magwiroto. The outcome of this appeal could have significant implications for the council and its efforts to uphold financial integrity.
Source - newsday
