Council employee loses fake qualifications case

The Supreme Court has dismissed an application by former Victoria Falls City Council accounting assistant Mehluli Sibanda, who sought to challenge his dismissal over allegations of forgery and fraud regarding his academic qualifications.

Sibanda, represented by lawyer Matshobane Ncube, filed a composite chamber application requesting condonation for non-compliance with court rules and an extension of time to lodge an appeal. The application named Brian Nyamande, the disciplinary committee leader, Kholwanin Mangena, the council's chamber secretary, and the Victoria Falls City Council as respondents.

Court records show that Sibanda was suspended on July 10, 2023, after allegedly submitting a forged Ordinary Level certificate when applying for the position of Accountant Budgeting and Reporting Officer. He was also accused of being absent from work for more than five consecutive working days without authorised leave or reasonable cause.

A disciplinary hearing held on August 16, 2023, found Sibanda not guilty of absenteeism but guilty of fraud, resulting in his dismissal. His internal appeal against the decision was also rejected.

Sibanda subsequently sought judicial review, citing procedural irregularities, including allegations that Mangena, a non-committee member, advised on the penalty, and that the chairperson failed to use a casting vote during a deadlock.

In delivering the ruling, Supreme Court judge Justice Alfas Chitakunye found that while Sibanda's explanation for the delay in filing the application was reasonable, the matter had "no prospects of success at all" and amounted to "an exercise in futility."

"The application ought to be dismissed," Justice Chitakunye ruled, dismissing the application with costs. "Overall, therefore, though the explanation for the delay was reasonable, the absence of any recognisable prospects of success entails that the application cannot be granted. The applicant has dismally failed to establish an arguable case worth placing the appeal before the Supreme Court."

In accordance with the rules of the Supreme Court, the concurrence of two other judges was obtained in support of the decision. The council was represented by lawyer Thulani Nkala.