THE High Court has upheld a decision to suspend Zesa
Holdings executive chairperson Sydney Gata, pending investigations
into abuse of office allegations.
This comes after Zesa communicated the suspension to Gata
in a letter dated July 30, which he rubbished and refused to comply with.
In a report allegedly sent to the Zimbabwe Anti-Corruption
Commission, Gata faces a string of allegations, among them diversion of Zesa
projects to entities associated with him, employment of ghost workers and
unauthorised use of Zesa funds for his personal benefit, with reports that $10
million was spent on two lavish parties in Hwange and Kariba and $2 million
alone spent on alcohol.
In a judgment delivered last Friday, Justice Tawanda
Chitapi upheld Gata’s suspension-on-paid-leave for 60 days and barred him from
visiting the Zesa offices during the period.
“The respondent is ordered to comply with the directive
given to him by a letter dated July 30 placing him on mandatory leave on
conditions that it will be for an initial 60 days and will be entitled to full
pay and benefits,” ruled Chitapi.
“The respondent shall not be allowed access to his office
and to any other offices and places of operation of the applicant wherever
situated in Zimbabwe unless by authority of applicant.”
Chitapi noted how Gata had monopolised Zesa operations by
dismissing the suspension letter.
“There was, therefore, a standoff between the respondent
and the rest of the board. The respondent declared that he had to authorise all
board meetings single-handedly. He unilaterally suspended board sub-committee
meetings until he individually was satisfied as to their value,” Chitapi said.
“In other words as far as the board existence and function
was concerned, only him would call the tune…it was more like treating the
applicant as the personal property of the respondent.”
He ruled that Gata had exhibited a propensity to impede
investigations that were being done on his conduct.
“The respondent has resolved to flex his muscles in a clear
case of abuse of authority to trash and impede the board’s ability to carry out
lawful mandate. It is very disturbing that the board chairperson would confront
and threaten other members instead of cooperating to clear the serious
allegations made against him,” he said.
“The company at play in this matter is a public interest
company… “There is
irreparable harm if there is no resolution of the matters at play in that a
successful organisation cannot be allowed to be headed by functionaries and
operatives who are corrupt. It is important for the company to clean its
house.”
Gata claimed that he was appointed to the position by
President Emmerson Mnangagwa and argued that being the executive chairperson it
was a “special” appointment since his assumption of the role was in
extraordinary circumstances.
He claimed that in his letters of appointment signed by
then Energy minister Fortune Chasi, he was mandated to adopt a hands-on
approach and address the power situation in the country.
The court heard it was also noted in the letter that the
position would be temporary and a chief executive officer would be appointed to
deal with areas of potential conflict.
However, Zesa disputed that Gata was appointed by Mnangagwa
and argued that he was employed by them and received his salary and benefits
directly from the company.
Gata also submitted that if the High Court had determined
that he was an employee of Zesa the matter had to be transferred to the Labour
Court, but Chitapi dismissed the argument. Daily News
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