HARARE – High Court judge Lavender Makoni yesterday dismissed with costs former NetOne chief executive Reward Kangai’s urgent chamber application challenging the advertisement to fill his vacant post by his ex-employer.
Kangai approached the court early this month, claiming that he was still the NetOne boss, arguing that his post can only be replaced after the finalisation of his case in which he is challenging his dismissal by the parastatal, which is still pending in court.
In her ruling, Makoni said that Kangai’s application was similar to the one which was previously dismissed by High Court judge Priscillah Chigumba.
Makoni handed down the ruling after hearing the matter in her chambers yesterday.
She said Kangai could not have had a legitimate expectation of contract renewal since NetOne had not advised of such an intention six months before contract expiry as provided for in his employment contract.
The court further noted that the relationship between the two parties had broken down; adding that in any event Kangai had no legal standing to bring such a court application as his employment contract expired on June 30, 2017.
Kangai had approached the court seeking a prohibitory interdict to stop his former employer from filling his post.
He demanded the post to be filled after the court has fully determined the legality of his contract’s termination, in a matter which is yet to be finalised.
Zimbabwe’s government-owned mobile firm NetOne has said it paid Kangai $247 000 following the termination of his employment contract.
Kangai was sent on forced leave in March 2016 after the company’s board sanctioned a forensic audit into the affairs of the country’s second largest mobile phone operator.
He was suspended from work without pay and benefits on October 3 last year after an external auditor PriceWaterhouseCoopers completed a board-sanctioned probe into the goings-on at the mobile phone operator.
Kangai is currently battling to be reinstated, but the company claimed in court papers that the payout made to him in March this year resolved all outstanding issues, and was supposed to abandon his High Court applications in which he is alleging unfair dismissal.
The fastest growing network in the country, with the number of active subscribers rising 5,5 percent to 4 360 208 over the previous quarter, approached the court last month seeking an order to be granted permission to file a supplementary affidavit, which states that Kangai was paid his money.Ex-