The board has this morning been served with papers as Muchenje seeks an urgent application to dismiss and nullify his suspension based on a technicality.
The respondents in the matter are Susan M Mutangadura, who is the 1st respondent, Winston Makamure the second respondent, Dr M Ranganai Mavhunga the third respondent and Hon Paradzai M Chakona the 4th respondent.
In his affidavit Muchenje argues:
"The First to the Fourth Respondents unlawfully and irregularly authorized a Special Board Meeting of the Board of Directors held on the 20th of February 2020.
The First to the Fourth Respondents above passed a special resolution to suspend the Applicant as the Chief Executive Officer of the 6th Respondent with immediate effect.
Such decision is the administrative action and ought to have been made in conformity with the basic principles of natural justice as espoused in section 3 of the Administration Justice Act [Chapter 10:28], this is because;
The special resolution to suspend the Chief Executive Officer is patently unlawful and a nullity if it ever it exists.
There was no lawfully convened Board meeting and there was no lawful resolution passed at that purported board meeting of the 20th February 2020 or at any other meeting where the resolution to suspend the Application was lawfully made.
There is no other suitable or alternative remedy for the Applicant other than the interim relief sought in this application."
Muchenje is yet to face any disciplinary action or hearing over the alleged offences he committed.
The more things change, the more they remain the same, we have once walked through this same exact path last 2 years but here we are again.
