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Leonard Ncube, Victoria Falls Reporter
A court of arbitration has quashed an appeal against dismissal from work by former Victoria Falls Municipality housing director Lot Syatimbula.

Syatimbula was suspended in 2017 and subsequently fired from the council after an independent disciplinary committee found him guilty of misconduct.

This was after he allocated a residential stand to his nephew Mr Sena Mumpande without following council procedure.

Syatimbula paid $15 815 of the total $48 410 at 25 percent discount on all costs excluding 15 percent VAT on behalf of his nephew who had just joined council as a general hand.

There was no council resolution authorising allocation of the stand measuring 3 300 square metres and Mr Mumpande didn’t qualify for the 25 percent rate given to workers who would have completed two years.

Prior to the disciplinary action Syatimbula was convicted of criminal abuse of office by a Victoria Falls magistrate Ms Lindiwe Maphosa who fined him $500 or five months in jail.

In addition, Syatimbula was sentenced to 12 months in prison which was wholly suspended on condition of good behaviour.

Bulawayo High Court judge Justice Nokuthula Moyo, sitting with Justice Thompson Mabhikwa set aside the conviction and sentence following an appeal by Syatimbula last year.

Armed with the successful appeal, Syatimbula who was represented by Advocate Lucas Nkomo approached the High Court seeking an arbitration order to overturn the decision of the disciplinary committee. to fire him.

Retired Justice Nicholas Ndou was appointed arbitrator and upheld the dismissal.

Syatimbula’s contention was that the municipality’s decision to find him guilty was wrong and not supported by evidence.

In his judgment last week Wednesday, Justice Ndou (Rtd) said the appellate court does not interfere with factual findings made by a lower court or authority.

He said Syatimbula took advantage of council and used Mr Mumpande as a conduit for personal benefit hence he did not act in line with his contract of employment.

“Overall I cannot find misdirection on the part of the disciplinary authority. In light of these findings I find it unnecessary to deal with the issue of acquittal in the criminal case. The charges are not the same and the standard proof in the criminal case is different and higher.

“Although the dismissal is not mandatory, the disciplinary authority exercised its discretion and I find no legal basis for interfering with the finding. Accordingly the claimant’s claim is dismissed in its entirety and the conviction and dismissal by the disciplinary authority is upheld,” ruled Justice Ndou (Rtd).

He said it was mischievous for any employee to go against standard procedures normally followed in the workplace using a technical excuse of lack of supporting council resolution.

Justice Ndou (Rtd) said Syatimbula was aware of council policy that an employee should complete two years employment before he or she can benefit.

He said Syatimbula did not disclose his relationship with Mr Mumpande contrary to provisions of Section 144(b) of the Urban Councils Act (Chapter29:15) which requires disclosure under such circumstances.

The judge said there were irregularities in the way Syatimbula sought to allocate the stand number 1585 Victoria Falls to Mr Mumpande, especially that the application was done on January 4, 2017 a month after payment for the same had been done on December 2, 2016.

Syatimbula allegedly made misrepresentations to council about the stand and attempted to coerce the Chamber Secretary Ms Kholwani Mangena-Moyo to process an agreement of sale and later tried to reverse the process.

The Chamber Secretary picked the anomaly which violated Section 4(D) (1) of the Victoria Falls Municipality Code of Conduct thereby making Syatimbula liable to a criminal charge of abuse of office as a public officer.She alerted the Town Clerk leading to Syatimbula’s suspension and arrest.

The Victoria Falls Municipality was represented by Mr Thulani Nkala of Dube, Nkala and Company.

— @ncubeleon