Council keeps jailed directors on payroll

Zvishavane Town Council is set to pay a combined US$108,000 in back pay to three senior directors currently serving jail terms for corruption, after failing to formally terminate their contracts following their conviction in 2023.

The trio - Town Secretary Tinoda Mukutu (55), Health, Housing and Community Services Director Nhlanhla Ngwenya (46), and Town Engineer Dominic Mapwashike (46) - were convicted and sentenced to prison in October 2023 for illegally awarding a lucrative contract without following proper tender procedures. Yet, almost two years later, they remain on the council's payroll due to the absence of formal disciplinary proceedings and termination processes.

A prominent labour law expert, speaking anonymously, confirmed that because the council has not conducted any internal hearings, the three still enjoy full employment rights, including the right to claim full salaries and benefits upon release. "The 'no work, no pay' policy being cited does not apply in this case," the expert stated.

The council's failure to act has left it operating with only one substantive director - the Finance Director - raising serious governance and operational concerns.

According to Zvishavane Town Council Chairperson Takarangana Keta, the council is only now initiating disciplinary hearings for the jailed directors. "They were on forced leave and we had a no work, no pay resolution. The delay in hearings was because the trio appealed their conviction at the High and Supreme Courts," Keta told Masvingo Mirror.

However, legal experts argue that criminal convictions do not automatically lead to job terminations in the public sector. A separate disciplinary hearing is required to dismiss an employee. Without such a hearing, the three are still technically employed and entitled to salaries dating back to their conviction.

If each director earned between US$1,000 and US$1,250 per month, the total financial liability facing the cash-strapped local authority could reach US$108,000 over three years.

Local government lawyer and expert Tatenda Nyoka stressed the urgency of initiating disciplinary processes. "Council should treat criminal and labour proceedings separately. Until disciplinary hearings are held and the Local Government Board approves the dismissal, these individuals remain employees and could return to work after serving their sentences," Nyoka said.

The corruption case that led to their imprisonment stemmed from irregularities surrounding a contract awarded to Monitor Enterprises, trading as JM Construction, for servicing 27 extension stands in the Zvishavane Central Business District, worth nearly US$2.8 million. After the initial contract lapsed without completion, the trio unlawfully re-engaged the contractor without a new tender or council resolution.

The Zimbabwe Anti-Corruption Commission (ZACC) investigated and arrested the three for bypassing procurement laws and engaging in backdoor negotiations.

Meanwhile, the Ministry of Local Government and Public Works, under which the council operates, has not responded to inquiries regarding the continued employment of the convicted directors. Permanent Secretary Dr. John Bhasera did not reply to questions sent by Masvingo Mirror.

As Zvishavane Town Council prepares to start long-overdue disciplinary action, questions loom about internal accountability and the broader implications of poor governance on local service delivery.