Hubert Chiwara v Zimbabwe Power Company (Private) Limited

Key Issues

• {"issue_text":"Whether disciplinary proceedings were properly authorised in absence of board resolution","issue_type":"procedural","dispositive":"yes","related_facts":"No evidence of ZPC board resolution; Mr Chikwenhere not employed by ZPC"}
• {"issue_text":"Whether failure to conduct feasibility study before RFP constituted misconduct","issue_type":"mixed","dispositive":"no","related_facts":"Managing Director wanted feasibility study; applicant said unnecessary; audit found it was best practice"}
• {"issue_text":"Whether payment without advance payment guarantee was justified by ministerial pressure","issue_type":"mixed","dispositive":"no","related_facts":"Applicant claimed Managing Director waived requirement under ministerial pressure; no written waiver; Public Finance Management Act requirements"}
• {"issue_text":"Whether applicant was guilty of procurement irregularities regarding Fruitful Communications","issue_type":"mixed","dispositive":"no","related_facts":"Applicant supervised procurement; admitted violations; authorised payments"}
• {"issue_text":"Whether dismissal was appropriate penalty for the misconduct","issue_type":"law","dispositive":"no","related_facts":"Financial misconduct under Public Finance Management Act; conduct went to root of employment contract"}

Background