National Social Security Authority (Nssa) former board chairman Dr Emmanuel Fundira has challenged his recent dismissal, arguing the termination of his tenure lacks a proper legal basis.
The tenure of
Dr Fundira, along with that of all other board members, was terminated on June
23, 2025, before its original expiry date in May 2028.
Dr Fundira, in
a letter to Public Service, Labour and Social Welfare Minister Edgar Moyo, said
the cited reason for the termination of his contract was “to lay a new
foundation for Nssa.”
However, he
noted the letter did not cite any specific section of either the Nssa Act or
the Public Entities Corporate Governance Act to justify the decision.
After reviewing
the relevant legislation, Dr Fundira asserts that Section 16 of the Public
Entities Corporate Governance Act, titled “Dismissal of board members of public
entities,” is the applicable provision.
He contends
that his dismissal does not align with the grounds for removal outlined in this
section.
Section 16
stipulates that a public entity board member can only be dismissed or required
to vacate office if they’re found guilty of conduct inconsistent with their
membership, become disqualified for appointment, lose a required qualification,
or fail to comply with their service conditions or performance contract.
Additionally,
they can be dismissed if they, individually or with other board members, fail
to create, comply with, or achieve material objectives of a strategic plan, or
if they have an unjustified absence from three or more consecutive board
meetings.
The Act further
requires the line minister to provide at least seven days’ written notice of
the intended dismissal.
It also
outlines a process for review if the Head of the Unit considers the dismissal
unlawful or unjustified, potentially involving the minister and, if unresolved,
referral to the Cabinet with the President’s leave.
The Act also
explicitly states that it “shall not be construed as denying a board member any
remedy to which he or she may be entitled concerning unfair or unlawful
dismissal or removal from office.”
Dr Fundira has
requested a further review of the matter to ensure the correct legal provision
is applied.
Minister Moyo
has since appointed a new board chaired by Bulawayo City Council’s town clerk,
Mr Christopher Dube.
Other new board
members include trade unionists Ms Ruth Sibanda, who also serves as the first
vice-president of the Zimbabwe Federation of Trade Unions (ZFTU), Ms Florence
Taruvinga, and Mr David Dzatsunga.
Representing
the Government are Ms Mercy Matongera, director of strategic policy planning,
monitoring, and evaluation in the Ministry of Labour, Public Service and Social
Welfare and Mr Walter Mpandawana, head of human capital development and
management in the Public Service Commission.
Additional
board members from the private sector are Ms Josephine Takundawa, managing
director of Earthlink Technologies, Mr Innocent Chinyama, chief executive of
Zimnat Asset Management Company and Mr Gilbert Takabarasha, Dairibord Holdings’
human resources and administration director.
In a
termination letter of Dr Fundira’s tenure, Minister Moyo thanked him and his
board “for bringing stability to Nssa” during the time of implementing forensic
audit recommendations. Herald




0 comments:
Post a Comment