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Mashudu Netsianda  Senior Court Reporter
DISGRUNTLED Tabs Avon Lighting (Pvt) Ltd workers in Bulawayo have filed an application at the High Court seeking an order to remove Thabani Lihle Siziba from being the company liquidator following a wage dispute and alleged mismanagement of assets.Avon Lighting (Pvt) Ltd workers’ committee and its chairperson, Jairos Mthonisi Moyo, are the applicants while Siziba and the High Court assistant  master were cited as first and second respondents.

In his founding affidavit, Moyo who is representing the workers of the troubled firm, is accusing the liquidator of abdicating her duties and responsibilities by accruing the company’s new debts in unpaid wages and mismanagement of assets.

“Further the liquidator has failed to provide clear and transparent financial reports or respond to requests by workers’ committee who are creditors of the company. The first respondent (liquidator) has been selling company assets and she has failed to neither pay creditors reasonable amounts nor give an account of how she has used the proceeds,” said Moyo.

The workers said Siziba had no distribution plan or account approved by the creditors or the assistant master of High Court.

Siziba is also being accused of contravening sections 221 and 222 of the Companies Act by failing to convene a meeting with creditors to give a financial statement of accounts of the company and an audit of its assets and liabilities.

“The first respondent has failed to execute her duties competently as a liquidator as she has been very hostile to any enquiries                      made on the status of the company,” said Moyo.

The workers further claimed that Siziba acted in cahoots with her partner, only identified as Sithole and looted company property and unlawfully took it to the auctioneers. The property which include a compressor, 25 brass lights and a money safe were sold without authority and the money was not accounted for.

In their application, the workers are also seeking an order that directs Siziba to submit a report and income and expenditure account for all movable assets and inventory of assets.

The workers also want Siziba to be replaced by Bongani Ndlovu of Chelmsford Executors as liquidator.

“We propose substitution of Siziba of Waterbuck Trust with a more qualified independent and competent person for the benefit of all shareholders and creditors being Bongani Ndlovu of Chelmsford Executors. He is a renowned and experienced liquidator who satisfies all the requirements of the Companies Act, and his company has huge capacity to execute this important role,” the workers said.

The respondents have 10 days to file opposing papers with the registrar of the High Court in Bulawayo. Tabs Avon Lighting (Pvt) Ltd, which was initially under judicial management, was subsequently liquidated in September last year following an application by its creditors.

The liquidated firm owes its workers $129,743 in outstanding wages and gratuities dating from July 2010 to June 2013.