1 week Ago By Patie
The High Court has ruled in favour of Raguel Mthombeni, a former procurement manager at the National Pharmaceutical Company of Zimbabwe (NatPharm), awarding him almost $1 million in compensation for wrongful termination. The court also directed NatPharm to cover Mthombeni’s legal costs associated with the case. After attempts at mediation failed, Marovanyika issued a “certificate of no settlement” on May 19, 2021, followed by a draft ruling on September 8, 2022.
Subsequently, on September 14, Marovanyika applied with the Labour Court to confirm this ruling following section 93 (5a) of the Labor Act. ALSO READ: Ex-Minister Reuben Marumahoko Arrested Over Farm Inputs Fraud Allegations NatPharm’s Opposition and Initial Labour Court Decision NatPharm contested the application, and the case went to the Labour Court. In January 2023, the court confirmed the draft ruling, instructing NatPharm to compensate Mthombeni ZWL$12,804,277.
56. Mthombeni, dissatisfied with this outcome, appealed the ruling, seeking a fairer resolution. The Supreme Court intervened on March 20, 2023, overturning the Labour Court’s initial decision and sending the matter back to the same judge for a comprehensive review.
The Labour Court reexamined the case on May 14 and ruled in NatPharm’s favor by striking the application off the roll due to procedural defects, citing a point in limine raised by NatPharm. High Court Intervention and Final Judgment Following the Labour Court’s dismissal, Mthombeni approached the High Court to register the labour officer’s original ruling. NatPharm opposed this move, and the legal arguments intensified.
Mthombeni submitted his arguments on July 8, and they were served to NatPharm’s legal team the next day. However, NatPharm failed to respond within the designated period, leading to further complications. NatPharm’s legal counsel applied for an extension, claiming a delay due to administrative issues.
Mthombeni argued that NatPharm’s excuse was misleading, alleging it amounted to an attempt to manipulate court proceedings. ALSO READ: Traditional Healer Arrested For Attempting To Murder Client Over $150 High Court’s Ruling and Criticism of NatPharm’s Legal Approach In his judgment, High Court Justice Regis Dembure expressed disapproval of NatPharm’s conduct, noting that the company treated the application for an extension with a lack of seriousness. “There was no reasonable basis to contest the registration of the ruling, and NatPharm’s response appeared to be an attempt to delay the inevitable,” the judge stated.
Justice Dembure further noted that NatPharm’s handling of the case demonstrated an abuse of the judicial process, resulting in a directive for NatPharm to bear punitive costs. “Litigants who misuse the court’s process should face consequences,” he remarked, emphasizing that the court’s resources should not be spent on cases aimed at delaying justice. Follow Us on Google News for Immediate Updates.
