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Mashudu Netsianda Senior Court Reporter
THE High Court has quashed a decision by the Health Service Board (HSB) refusing to determine former Mpilo Central Hospital operations director Duduza Regina Moyo’s appeal to the disciplinary committee against her dismissal. Moyo together with the hospital’s finance director Charles Govo were in February fired over misconduct and abuse of office charges following hearings.

She was found guilty on six of the 11 counts of acts of misconduct she was facing. She failed to adhere to State Procurement Board band limits for tenders and obeying lawful instructions and circulars from the Treasury.

The former operations director was also ordered to repay $35,000 to Mpilo Central Hospital, which is an advance payment that she facilitated for a company that did not provide services to the institution. The ruling by Bulawayo High Court judge Justice Nicholas Mathonsi follows an application by Moyo challenging the findings of the disciplinary committee.

She cited the HSB as the respondent for denying her an opportunity to appeal against the ruling of the disciplinary committee. The HSB has powers in terms of the Health Service Regulations to determine the appeal.

Bulawayo High Court judge Justice Nicholas Mathonsi ordered the HSB to look into Moyo’s appeal within seven days. “It is ordered that the decision of the respondent declining to determine the applicant’s appeal filed on February 26, 2016, be and hereby declared to be without basis at law and is accordingly set aside.

“The respondent be and hereby directed to determine applicant’s appeal as provided for in section 51 (2) of the Health Service Regulations, 2006 within seven days,” ruled Justice Mathonsi.

The judge said in the event that the HSB fails to comply with the order, Moyo is granted leave to file her application directly to the Labour Court. He ordered the HSB to pay the legal costs incurred by Moyo.

Through her lawyers TJ Mabhikwa and Partners, Moyo had sought an order reversing the findings and determination of the disciplinary authority.