SUSPENDED Zimbabwe
National Road Administration Authority (Zinara) chief executive officer Nancy
Masiyiwa-Chamisa has given Transport minister Joel Biggie Matiza a five-day
ultimatum to issue a public apology for making corruption allegations against
her, failure of which she would file a lawsuit at the courts.
Masiyiwa-Chamisa was suspended from her job mid-last year
amid widespread allegations of corruption and abuse of office at the cash-rich
parastatal.
Appearing before the Parliamentary Portfolio Committee on
Public Finance on Monday last week to answer questions regarding issues at
Zinara, Matiza named Masiyiwa-Chamisa as one of the directors who has been
receiving thousands of dollars to fund their lavish lifestyles, outside official
contractual benefits.
Matiza also averred that Zinara was currently looking for a
new CE to replace her, despite the fact that there have not been any
disciplinary procedures against her.
There was also an allegation that Masiyiwa-Chamisa unlawfully
and without approval benefitted from a housing loan via CBZ Bank and in doing
so, she encumbered the employer as guarantor.
Masiyiwa-Chamisa’s lawyers Mtetwa & Nyambirai, wrote to
Matiza on Monday this week demanding that the minister withdraws the statements,
which she deemed to be derogatory and defamatory.
The lawyers also indicated that Matiza’s statements were
reproduced in newspaper articles, further injuring their client’s reputation.
“Our client notes with concern that you appeared before the
Parliamentary Portfolio Committee on transport around 3 May 2019. You are
reported as having stated that Zinara is searching for a new substantive CEO on
account of the fact our client’s contract was not going to be renewed. This is
ostensibly based on allegations of misconduct and maladministration which have
been made against our client, for which no disciplinary hearing has ever been
conducted. It is also clear that before that, and being aware that you would
make negative statements against our client, you took no effort to hear her
side before condemning her,” the letter of demand, dated May 13, 2019 reads.
“Our client also notes several newspaper articles in which
the issues surrounding Zinara have been reported. In almost all the (newspaper)
articles our client has read, the overtones used therein suggest that there is
a belief that she is part of the corruption that had bedevilled the parastatal
and that her departure from the organisation is the solution to the issue. This
is despite the fact that no hearing was ever conducted in which those
suspicions were independently verified as correct.”
The lawyers also indicated that current Zinara board chair
Michael Madanha further added salt to the wound by making similar statements in
parliament and in newspaper interviews.
“Our client refers to various media articles, last of which
appeared in the Sunday Mail of 12 May 2019. In all appearances, neither the
honourable minister nor his appointed board chairperson took time to accord our
client her right to be heard before serious allegations were publicly made
against her.”
The lawyers claimed that the incessant negative publicity
which Masiyiwa-Chamisa was being subjected to have left her traumatised.
“A disciplinary hearing was supposed to be conducted in
July 2018 and it failed to take place because of the employer’s blunders on the
choice of law and procedure. Another hearing which was supposed to take place
before a Justice (Moses) Chinhengo led panel also failed to take place because
the committee was conflicted. Instead, our client has remained on suspension in
perpetuity, while the employer, through the board and now recently through the
person of the minister, continue to pummel her name and soil her reputation in
public. This is more traumatising for her as the employer is repeating the same
allegations over and over, yet Engineer Madanha had gone out and declared that
the charges have no merit before somersaulting when he appeared before the
committee,” the letter reads.
“Our client has taken the view that since she has not had
her day in a disciplinary hearing, it was unnecessary for her to deal with the
allegations in the court of public opinion. At the hearing, which ought to have
happened by now, the employer was going to bring the evidence to support the
factual allegations against our client and the evidence would be tested and its
weight pronounced upon. Given the serious attacks on our client’s name and
reputation which are very damaging and are now emanating from the minister, our
client has no choice but to seek redress.
“We are instructed to demand, as we do now, that the
minister must substantiate the allegations of corruption made against our
client when the minister appeared before the parliamentary portfolio committee
and which statements have been repeated in various media outlets. In the event
that the minister does not substantiate these allegations, our client demands a
written retraction of all such claims directed to her and thereafter published
in a newspaper of wide circulation in Zimbabwe.”
The lawyers said while it was not necessary for the matter
to be litigated upon, their client would not hesitate to approach the courts
for redress to protect her name and reputation.
“We demand that a response on the substance be done to this
letter on or before 17th May 2019. In the event that we do not receive a
response favourable to our client or at all, we shall take necessary legal
action to protect our client and vindicate her reputation. Be guided
accordingly,” the lawyers wrote. Zimbabwe Independent
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