Council lawyers delayed in filing papers at the Labour
Court, prompting them to seek condonation of late filing of the documents.
Labour Court judge Justice Custom Kachambwa dismissed the
application, paving way for Mr Chingombe’s return to council. Chingombe was
fired in April this year. The Labour Court struck off the local authority’s
application for condonation of late filing of its papers in the labour dispute
on the grounds that it was defective.
In dismissing Harare City Council’s application, Justice
Kachambwa said: “The application is defective. It should have attached the
intended application for leave to appeal. Secondly the founding affidavit and
the draft are at large, they are not in sync. There is no application before
the court. This is not a case for punitive costs.”
Justice Kachambwa therefore ordered that the application be
struck off with costs. Sources within the finance department, however, said
other suspended directors who had been struck off the payroll are likely to
follow Mr Chingombe’s route.
“Millions of ratepayers’ money are being lost annually on
legal costs. There are many cases involving top bosses including James Mushore
who was paid US$113 000 in damages after only serving a day as town clerk.
Herald
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