Labour Court reinstates suspended official

The Labour Court has upheld an arbitral award reinstating former Karoi Town Council acting town secretary, Mr. Tongai Namisala, after ruling that the local authority's disciplinary process was procedurally flawed and violated mandatory statutory timelines.

Justice Motion Jaravani found that the council breached the 14-working-day requirement for concluding disciplinary proceedings under Statutory Instrument 15 of 2006, effectively stripping itself of jurisdiction. The court noted that the matter dragged on for several months, only concluding in April 2025, and highlighted procedural errors, including improperly suspending Mr. Namisala twice without reinstating him between suspensions, which invalidated the disciplinary process.

At the time, Mr. Namisala was serving as director of financial services while acting as town secretary. He had been arrested over allegations of extorting more than US$53,000 from an engineer contracted to design the town's master plan, prompting the council to initiate disciplinary action.

The first suspension was issued on 12 October 2024 and delivered three days later, but cancelled on 18 October. On the same day, a second suspension was issued and delivered five days afterward. Mr. Namisala's lawyers challenged the seizure of his service vehicle, arguing it was allocated for his substantive director of finance position, not his acting town secretary role.

A disciplinary hearing was initially set for 8 November 2024 but was postponed due to Mr. Namisala's absence. Further postponements occurred on 21 November and 10 December, during which legal representatives argued that the proceedings had exceeded statutory timelines. Despite these objections, the council continued the process, ultimately convicting Mr. Namisala on some charges and dismissing him in April 2025.

Following arbitration, the proceedings were nullified, and Mr. Namisala was ordered reinstated. The Labour Court has now confirmed this ruling, directing the council to either reinstate him or, if reinstatement is no longer feasible, pay damages.

Karoi Mayor Alderman Kudakwashe Chigumo said the council must now determine the next steps. "The court ordered reinstatement. If reinstatement is not tenable, council must pay damages in lieu. Figures will only be known once council decides whether to reinstate him or part ways," he stated.

The ruling underscores the importance of adhering to statutory procedures in disciplinary matters and highlights legal accountability in local government administration.