By Correspondent
July 2021 Masvingo Council made a Full Council resolution to fire City Engineer Tawanda Gozo.
He was accused of a litany of charges, chief among them failure to ensure reliable, quality water supply in the city.
The town was in the midst of a crippling water crisis and amidst immense public pressure Gozo became the fall-guy.
He was made the face of the crisis and his removal the symbolic conclusion of the problem.
This was the second time Gozo was caught on the wrong end of the law.
Early in February Gozo had been hauled before another disciplinary hearing.
He had been suspended on accusations of failing to ensure the city had enough water quantities and the right quality.
A report presented to the then Mayor Collins Maboke, found Gozo guilty of all charges.
In July a dismissal was made after a resolution was agreed in a Full Council.
However, Gozo appealed to the Local Government Board (LGB).
Three Year Legal Battle
Since then it has been a full-fledged legal battle between Gozo and Masvingo Council.
The Engineer quickly roped in famed legal guru Lovemore Madhuku to defend him.
Meanwhile, Council engaged Mawadze and Mujaya Legal Practitioners.
This month the frosty fight culminated in Gozo walking back to Council with a letter demanding reinstatement.
He is refusing a mutual termination proposal offered by Council.
Gozo argues that the mutual termination of contract proposal was unlawful since the matter was finalized by the LGB.
“Your proposal of an ‘out of court agreement for mutual termination of your contract of employment’ is an unlawful proposal.
“The matter involving my client was finalized by the Local Government Board.
“(It) refused your client’s recommendation to terminate my client’s contract of employment.
Gozo argues that Masvingo Council no longer has any power to persist with the position it had before the decision by the LGB.
As compensation Gozo wants automatic reinstatement with full salary and benefits with effect retrospectively.
However, Masvingo has rebuffed the move arguing that it is the employer and it fired him.
“The provisions of the Urban Councils Act are very clear as far as the mandate of the LGB is concerned in the circumstances of this matter.
“Its mandate is either to decline or confirm the discharge of a senior council official who would have been dismissed through a full disciplinary process.
“(It) does not, in whatever way, have the power to reinstate a dismissed senior council official.
“There is no court order to the effect that your client has been reinstated.
Masvingo stated that Gozo remains fired.
The response by Council has set the story up for another episode in the 3 year old saga.
