The High Court has dismissed a case in which the Zimbabwe Broadcasting Corporation was seeking to recover a vehicle from its former chief executive officer, Patrick Mavhura.
Mavhura was fired in 2019 over allegations of swindling ZBC
of over US$340 000 in payments from advertisements.
During his tenure, Mavhura was entitled to a Chevrolet
Trailblazer which the state broadcaster had made an application rei vindication
(suing to recover property).
In his finding, Justice Webster Chinamora ruled that
Mavhura’s contract of employment allowed him to retain the motor vehicle
contrary to the application.
“Given the agreement entered into by the parties when
Mavhura took employment with ZBC, the reliance on rei vindication to seek
repossession of the Chevrolet Trailblazer motor vehicle is misplaced.
“In casu, Mavhura has demonstrated that his contract of
employment gives him the right to retain the motor vehicle.
“The contract merely allowed him to purchase the vehicle he
was using if he satisfied the criteria stipulated …and ZBC has not presented
anything before the court to show that Mavhura was not entitled to be sold the
vehicle.
“In the result, the application is dismissed with costs,”
reads the judgment.
The broadcaster had through its secretary Patricia
Muchengwa had argued that Mavhura was supposed to retain the vehicle when his
contract was terminated.
“The vehicle is not for sale. It is required for day to day
operations of ZBC in fulfilment of its constitutional obligations. There is no
justifiable reason for Mavhura to retain possession of ZBC’s assets.
“ZBC is in the broadcasting business with a constitutional
mandate to provide public services.
“The vehicle is a public resource and key asset to ensure
delivery on a day to day basis.
“The conduct by Mavhura in refusing to surrender the
vehicle has severely hampered ZBC’s work.
“Since the termination of the employment relationship,
Mavhura has failed or neglected to return the vehicle to ZBC,” submitted
Muchengwa.
Mavhura was employed in various capacities at the ZBC
before he was promoted and fired as CEO. H Metro
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