Malabo v City of Harare 2001 (2) ZLR 545 (H)

Mr LT Biti for the respondent — dismissal of an employee — labour issue. The applicant was employed by the Harare city council as senior electrical engineer. He was suspend from duty and appeared before the councils inquire committee on allegation of insider trading. the committee found him guilty as charged and he was dismissed from his employment by the commission that was then acting tin place of the elected council. he institutes an application for review, alleging that e council had not followed the provisions of the urban councils act and that only the executive committee of the council and not the commission has the power to discharge him.

the application was opposed daily on procedural grounds.It was contended by e respondent that the application was submitted out of them: that there had been no application for condonation: that there had been no short and clear statement off the the ground on which review was sough, as required buy r257 of the High court rules: and that the chairman of the inquires committee had not been cited as party: and that the applicant had no exhausted his domestic remedies. It was also argued that the power to dismiss an employee was not limited to the executive committee. It could also be exercised by the council itself or, in the case of Harare, by the Commission.

held that the application was fatally defective. It was filed out of time: an interred party was not cited: and there was no compliance with r257. there have been enough warnings by the courts about the consequences of failure to comply with the rule. Because of these defects the application would have to be dismissed.

Held, further that an employee of a municipal council may be discharged by the executive committee of the council,but it may not do su unless the council itself has approved the discharge.