ZEWU SG challenges “illegal” suspension
BY STAFF REPORTER
THE Zimbabwe Energy Workers Union (ZEWU) secretary general Martin Chikuni is fighting his ‘illegal’ suspension by the union’s acting president Michael Ndlovu who suspended him for calling for an overdue elective congress.
Chikuni was accused by Ndlovu of allegedly contravening Section 4 (a) of the National Code of Conduct SI 15 of 2006 which spells out the terms of his contract.
“On February 28, you wrote a memorandum to the national executive members to attend a meeting on March 5 without express or amplified authority of the acting president to whom you report to administratively and in terms of the ZEWU Constitution,” Ndlovu said in a September 6 suspension letter to Chikuni.Ndlovu
“Your memorandum wasn’t marked confidential and was distributed to most ZEWU branches’ WhatsApp groups causing a bad communication image of the organisation. It contained several false and unsubstantiated allegations which brought ZEWU’s name into disrepute. It also had a tone that isn’t administrative but rather exhibits insubordination and disloyalty.”wrote Ndlovu
Ironically, the Ministry of Public Service, Labour and Social Welfare’s acting Registrar of Labour, Tatenda Mungomezi wrote to the ZEWU Harare branch secretary Pearson Madzongwe the following day calling Ndlovu and Chikuni to call and cause an elective congress.
Mungomezi made reference to Madzongwe’s August 15 letter.
“Take note that you are expected to follow your union’s constitution to resolve this dispute or any other dispute which arises out of the constitution. By copy of this letter the acting president and SG are accordingly reminded to adhere to the union’s constitutional provisions,” said the acting registrar.acting register
Chikuni wrote to Ndlovu on Monday vowing to report for duty as per the demands by ZEWU vice president Cede Mugabe and others.
As according to article 9.7 of ZEWU Constitution at the end of the congress all administrative powers and functions between congresses shall be delegated by the national executive committee (NEC).
“In the spirit of corporate governance, you should not make unilateral decisions without the involvement of members of the presidium and national executive committee (NEC). Please note that you’re not above this committee. Your suspension is therefore a nullity as it is inconsistent with this article,” he said.Chikuni
“You should remember that the national council assigned you on April 14 2018 to lead the organisation in an acting capacity as outlined in article 10A and accordingly organise a special congress. The term of office, according to Article 9.1 is five years. This therefore implies that you’re an illegitimate president without any locus standi to direct the affairs of the organisation.”Chikuni
Chikuni then wrote to Mungomezi seeking the government’s intervention.
“My prayer is that you instruct ZEWU to conduct a national council in November which the council shall decide on congress date. That you unconditionally reverse the suspension from duty by the illegitimate acting president as it is a legal nullity and an abuse of office which is meant to divert membership from pushing for national council; and elective national congress,” he said.Chikuni