The Sunday News
Thobekile Khumalo, Sunday News Reporter
THE High Court has upheld a ruling by the Labour Court that one of Bulawayo’s affluent schools, Masiyephambili College reinstate their former headmaster, Mr Benny Moyo who was fired by the institution in 2014 over allegations of misconduct.
Mr Moyo was fired for allegedly lagging in terms of collections of fees and management of debtors, insubordination and failure to come up with a budget which had resulted in the school plunging into a financial crisis.
In confirming the Labour Court judgment, Bulawayo High Court judge, Justice Thompson Mabhikwa ruled that the suspension of Mr Moyo was unreasonable.
“The Labour Court judgment under case number LC/MT/49/17 be and is hereby registered as an order of this honourable court that the suspension of the Applicant without pay on 27 June 2014 be nullified and set aside, disciplinary proceedings conducted by the second respondent, Mr Shepherd Ndlovu and third respondent, Mr Matthias Israel Moyo, who are both members of the school’s board of trustees be and are hereby reviewed and set aside,” reads part of the order.
In her judgment, Labour Court judge president, Justice Mercy Moya-Matshanga had noted that the initial hearing that suspended Mr Moyo was unfairly constituted and biased in that the respondent was not included in the selection of the disciplinary panel.
The prosecutor-cum-complainant, the chairman of the board, Mr I P Z Ndlovu had a closed meeting with the panellists while awaiting arrival of the chairman of the disciplinary committee. The applicant was not part of the meeting and not privy to it.
“The respondent through Mr IPZ Ndlovu asked why the applicant does not negotiate a package and leave prior to the hearing. Further during the hearing, the panel asked for submissions in aggravation and mitigation before the verdict. To do so prior to the finding guilty would mean that whoever is presiding on the matter has already predetermined the matter,” reads part of the Labour Court judgment.
Justice Moya Matshanga further ruled that the actual suspension of Mr Moyo was unreasonable as there was no compelling evidence that he had erred in all the charges brought against him.
“Suspension without pay in the teaching field is given to someone with a dismissible offence like improper association with a school child, embezzlement of funds and general cruelty to schoolchildren and the allegations faced by are not of such gravity,” ruled the judge.
In his appeal against the suspension, Mr Moyo had said that the penalty was unfair and severe. He further noted that during his time at the helm of the school he had given a stellar performance and that the charges levelled against him did not involve dishonesty but had arisen because of the severe financial challenges faced in the country.
