Worker grabs 33 council cars

By Michael Chideme and Wenceslaus Murape
HARARE City Council could lose 33 trucks to its chief accountant, Mr Tendai Kwenda, who wants to attach the cars to recover US$650 000 he says the municipality owes him in unpaid salaries and benefits.

Mr Kwenda’s lawyer, Mr Joel Mambara, yesterday said he was working on the issue and the Deputy Sheriff of the High Court would soon be duly informed.

The High Court awarded the city chief accountant Z$3,1 septillion, which was to be paid by any legal tender, for the two months of December 2008 and January 2009 when he was unprocedurally suspended from work.

Mr Kwenda demanded US$650 000 arguing it tallied with the official exchange rate of the time.

The Labour Court — on its part — has said the payment of foreign currency awards to workers unprocedurally dismissed during the Zimbabwe dollar era would need a Supreme Court ruling.

Labour Court Senior President Mr Andrew Mutema said though giving the workers local currency was like "giving them stones to buy bread", they could not impose forex payments on companies.

"It would have been better if there had been a precedent like a Supreme Court ruling that the workers be paid in forex, but there is none," said Mr Mutema.

He said it was up to companies and workers to agree on forex restitution.

Management and Mr Kwenda reportedly agreed on a foreign currency package, but the municipality feels US$650 000 is too much.

Should Mr Kwenda have his way, city operations could greatly be compromised.

The vehicles earmarked for attachment include Mazda BT50 and Toyota trucks, all with 2,2-litre engine capacities.

Three of the vehicles have been attached with one already removed from council premises.

A public auction for the removed vehicle was stopped at the 11th hour when Mr Mambara said he wanted the matter resolved "amicably".

However, Mr Kwenda now says he is fed up with town clerk Dr Tendai Mahachi, human resources director Mr Cainos Chingombe, chamber secretary Mrs Josephine Ncube, and the chief legal officer.

"I have never had faith in the management mandated to resolve this issue as they have exhausted my patience and willpower as they are waiting for some divine intervention," he said in his letter.

Mr Kwenda said scheduling more discussions was just "buying time".

At the weekend, Mr Mambara postponed the sale of the removed vehicle but warned that any further delays in settling the matter would result in instant disposal.

In a letter to a Mr F. Gumunyu at the Deputy Sheriff’s Office he said: "We are in the process of trying to resolve this matter amicably.

"In the circumstances, will you please suspend the sale of the attached motor vehicle scheduled on Saturday, 10 April 2010 until further notice from ourselves.

"If no meaningful progress is made in this matter, we shall insist on the removal and sale of the other motor vehicles you attached."