CITY OF HARARE v GWINDI 2003 (2) ZLR 188 (H)

Flynote

Local government — employee — senior employee — appointment of — procedure for — effect of failure by council and Local Government Board to comply with procedures

Headnote

While the affairs of the City of Harare were being run by a commission appointed by the Minister in terms of s 80(1) of the Urban Councils Act [Chapter 29:15], advertisements were placed in the media for a public relations manager for the City. The post was not regarded as a senior one. About 20 applications were received. The commission decided not to appoint any of the candidates, but directly appointed the respondent, who had not even applied for the position and who was not interviewed for it. The grade and salary he was offered were those for a senior employee. Later, the City, now run by an elected council, terminated the respondent's contract of employment on the ground that the appointment was irregular and unlawful. The City applied for an order that the respondent return his official vehicle and other property. The respondent opposed the application and claimed reinstatement.

Held, that the appointment of the respondent was a blatant flouting of the provisions of s 134(2) of the Act, and the purported condonation of the irregularities by the Local Government Board was baseless and ineffectual and in breach of s 135(1) of the Act. There was no valid contract of employment.

Held, accordingly, that the application succeeded, with no order as to costs, the counter-application being dismissed with costs.