The high court judge, Justice Chinamora today has reinstated Lazarus Muchenje as Netone CEO, nullifying his expulsion and termination of contract TechnoMag can exclusively reveal.
In an urgent chamber application filed by Muchenje’s lawyers, they challenged his expulsion stating that it was done outside the confines of the law violating SI 2018-168 of the Public Entities Corporate Governance regulation.
Muchenje who had gotten his charges dropped was then fired less than 24 hrs later, but the letter did not state the reasons why he was fired, which again is a violation of the law in firing a state owned CEO.
The corporate governance act states that a CEO for a state owned enterprise can only be fired with prior endorsement by the president and the reasons must be published in a government gazette.
“No board of a public entity shall dismiss its Chief Executive Officer , as applicable to board members and section 16 of the act shall apply …Provided that board shall not dismiss its chief executive officer unless, it is following these procedures,it has secured the prior endorsement by President for the dismissal….”
Some sources said it was not clear who fired him as the board member who signed the letter did not clearly state whom he represented neither was it clear what board meeting or minutes might have led them to such a position.
The high court saw the challenge fit to grant its interim order meaning effectively Muchenje has been reinstated as CEO pending court hearing of the matter overturning his dismissal.
The order also stopped NetOne board from advertising his post or announcing termination of his contract.
The case shall be set before the courts for arguments on the 4th of August.
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