Zimra officer dismissed over pornographic emails

In a dramatic ruling that has reverberated across the corporate world, the Supreme Court has upheld the dismissal of former Zimbabwe Revenue Authority (ZIMRA) officer Stanford Sithole, bringing an end to a protracted legal battle over the misuse of official communication systems.

Sithole, who was accused of circulating pornographic material using his ZIMRA email account, lost his final appeal last Wednesday when Justice Alfas Chitakunye delivered a scathing judgment dismissing his claims of email hacking.

The ruling overturned earlier decisions by the Labour Court and the National Employment Council's Designated Agent (DA), both of which had previously sided with Sithole. Justice Chitakunye was unequivocal in his findings, stating that Sithole's hacking allegations "remained mere speculation" and that "the evidence clearly established that the offending emails were found in the respondent's account."

The controversy dates back to 2010, when ZIMRA's ICT division uncovered a disturbing trend while investigating network slowdowns — staff were allegedly using corporate emails to share pornographic material. Among the implicated employees was Sithole, whose email account was linked to 13 explicit messages.

Sithole was suspended in January 2011 and later dismissed after a disciplinary hearing. He denied the allegations, accusing ZIMRA of fabricating evidence to punish him for his role in union activities.

However, ZIMRA's ICT Manager, Mr Mazhindu, testified that Sithole's email data had been securely archived in tamper-proof PST files, eliminating the possibility of manipulation. He also highlighted ZIMRA's strong password controls, arguing that unauthorised access was "highly improbable." Sithole, notably, failed to report any suspicious account activity over the nine-month period during which the emails were sent.

Initially, Sithole found relief when the Designated Agent ruled in his favour, suggesting a remote possibility that another person could have accessed his account. The Labour Court later upheld this ruling, saying ZIMRA had not proven its case "beyond a reasonable doubt."

But the Supreme Court sharply disagreed, with Justice Chitakunye ruling that the lower courts had applied the wrong legal threshold.

"Labour disputes require proof on a balance of probabilities, not beyond a reasonable doubt," he said, emphasising that ZIMRA had more than satisfied this standard.

The judge further dismissed Sithole's argument that the absence of his physical computer weakened the case. "Access to an email account is determined by the user's password, not the physical computer," he explained.

Justice Chitakunye also rejected Sithole's claim of victimisation, noting that other employees with no union affiliations had been dismissed for similar offences.

In conclusion, the court reinstated Sithole's dismissal with effect from the date of suspension and ordered him to pay legal costs.

The judgment, widely viewed as a landmark decision on digital conduct in the workplace, underscores the growing importance of cyber accountability.

In his closing remarks, Justice Chitakunye delivered a pointed warning to professionals and organisations alike:

"The employer is only required to show that its version of events is more probable than the employee's."

The ruling serves as a stark reminder that in an era dominated by digital communication, the misuse of corporate resources — no matter how trivial it may seem — can carry career-ending consequences.