Gwanda council official sues bosses

scales-and-gavel

Mashudu Netsianda, Senior Court Reporter
A TOP Gwanda municipality official who was recently demoted for allegedly duping a home seeker by fraudulently selling him a residential stand allocated to another person, is suing his bosses for $80 000 in damages for defamation.

Mr Kenneth Khumalo was last year suspended by the Gwanda Municipality for allegedly fraudulently selling a stand at Hlalani Kuhle area which belongs to one Lottie Nkala.

After his suspension was lifted, Gwanda municipality demoted Mr Khumalo from his post of deputy director of housing and redeployed him to the engineering services department.

Mr Khumalo, through his lawyers Masawi and Partners, filed summons at the Bulawayo High Court citing Gwanda Municipality chamber secretary, Mr Hlupho Mhlanga, Mr Sipho Mdlongwa, the director of housing, Ms Priscilla Nkala, the town clerk and the council’s human resources manager, Mr Baile Moyo, as defendants.

He is seeking an order directing the defendants to pay him $80 000 being solace for defamation damages.

Mr Khumalo said on October 3 last year, the defendants lied during the Gwanda Municipality full council meeting that he had flouted some regulations with the intention to defraud the council by allegedly double allocating a residential stand at the Hlalani Kuhle area to another person.

He said the sentiments by his bosses were a deliberate ploy to tarnish his image and injure his reputation.

“The statements by the defendants were made with the intention to defame me and to injure my reputation as a respected Gwanda community leader who is also the deputy director of housing and community services at the Municipality of Gwanda and also a holder of several qualifications in management,” said Mr Khumalo.

He said the statements intended to portray him as a dishonest person before the councillors and the local community.

The defendants, through their lawyers Coghlan and Welsh Legal Practitioners, have filed a notice to enter an appearance to defend the summons.
Two months ago, Mr Khumalo approached the High Court after he was demoted from his post over the same allegations.

He was removed from his post of deputy director of housing to a less influential post in the stores section under the department of engineering.
Mr Khumalo said his employer violated his constitutional right to fair labour practices by demoting him without first conducting a hearing in terms of section 6 (2) of Statutory Instrument Number 15 of 2006.

On November 3 last year, Mr Khumalo said he received a letter of suspension from his bosses for allegedly unprocedurally and fraudulently selling stand number 6141 Hlalani Kuhle which already belongs to Lottie Nkala.

After a month he received another letter from his bosses informing him of the upliftment of his suspension and subsequent demotion from Grade D3 to Grade D1 for 12 months.

He argued that no investigation was conducted but an imposition of sanctions of demotion without being given an opportunity to contest the verdict. The matter is still pending before the court.—@mashnets

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