Just some days before the Presidential Elections which transpired on the 30th of July, Netone with immediate effect fired 9 top executives, under unclear circumstances. The fired executives include Brian Mutandiro who has been the acting CEO for a long time, after the sacking of Reward Kangai.
The executives were reported to have been immediately escorted out of the building and all company equipment confiscated, including switching off of company mobile phones.
The list of fired executives include:
Brian Mutandiro, Raphel Mushanawani, Nancy Murove, Cleopas Kadzimu, Solomon Manda, Innocent Mukandatsama, Jenifer Muketiwa, Sibusisiwe NdhlovU and Clever Isaya
NetOne also announced appointment of:
Tauya Mugwagwa, Acting Chief Information Officier
Chipo Jaisson, Acting Chief Finace Officer
Edwin Wenga, Acting Head of Administration
Did the Lazarus Muchenje had the power to fire those Executives?
The NetOne board has professed ignorance on the fired executive saying there were not part of the consultation, while the ICT minister stated that he was still waiting for the brief from the board as only them had the mandate to run operations at the mobile Network.
Sources close to developments however have stated that a seating CEO can not hire or fire the Chief Finance Officer as this is only jurisdiction of the board, for transparency and independence purposes, hence the move is null and void.
“He is now single handedly running operations at NetOne, charging like a Chinese bull in a shop, he does not have a prerogative to make such decisions” said the source.
However other sources close to the development suggested that Mr Muchenje made the move as the ultimate power, since government automatically dissolves by Monday, hence there is no minister above him to report or reverse his decisions, till new government is formed.
The enacted board however remains running, till the new government dissolves or pronounce any changes
Information reaching us suggests that Muchenje was hoping for a MDC victory (still is since the MDC Alliance is taking the legal route to contest the election results), which automatically means that Zanu PF has no jurisdiction to change his decisions, or better off a ministry shuffle making his move unchangeable.
… recent developments …
In a dramatic turn of events NetOne CEO, Mr Lazarus Muchenje has urgently filed an urgent High Court Chamber application seeking to sue Minister of ICT and Cyber Security Supa Mandiwanzira, 6 Board members, 9 fired executives as well as the Office of the President and Cabinet represented, Chief Secretary to the President Dr Misheck Sibanda.
Through his lawyer Chipo Sachikonye of Dube, Manikai and Hwacho Associates, Lazarus Muchenje is urgently seeking relief in the form of a prohibitory interdict against Board Members, over recently fired executives in accordance with what he definitively says are proper company governance structures and procedures.
Muchenje argues that a meeting convened at a private residence and during the week-end on Saturday the 28th of July in Greendale where he was invited under the guise of a friendly discussion was illegally convened and all its resolutions must forthwith be declared a nullity.
The NetOne youthful Boss invokes provisions of the law governing the government-owned mobile network provider saying the meeting was not only unlawfully convened, it had no notice or agenda blatantly violating NetOne corporate governance procedures and he will not be forced to rubber stamp some twisted political directive from Minister Supa Mandiwanzira.
“The law is clear: the failure to give adequate notice to ALL directors entitled to attend a Board of Directors meeting of a company renders the meeting irregular and all resolutions adopted thereat a nullity and of no force and effect,” he said.
In an unwavering threat to Minister Supa Mandiwanzira, Muchenje says his lawyers are on standby to furnish the courts of law on precisely how the Minister has clearly breached the letter and spirit of the Zimbabwean Constitution and all its supporting legislation namely the Administrative Justice Act and most importantly the Public Entities Corporate Governance Act which was enacted to curb such corrupt tendencies from politicians.
Muchenje further notes that management and control of the company’s business are the prerogative of the Chief Executive Officer.
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