Former Harare town clerk Dr Tendai Mahachi has withdrawn an application he mounted at the High Court in which he was seeking an order compelling the city to reinstate him on the basis that it did not involve the Local Government Board when terminating his contract.
The move follows exit package negotiations, which commenced last week between Dr Mahachi’s representative Mr Chenjerai Daitai of Magwaliba and Kwirira Legal Practitioners and the city that are said to be progressing well.
Mr Daitai yesterday confirmed that they have since withdrawn the High Court case, but refused to divulge more detail on the exit package negotiations. “I can confirm that we have withdrawn the High Court case and we are negotiating with Harare City Council,” he said.
Dr Mahachi was arguing that Section 139 (2) of the Urban Councils Act requires that prior to the termination of a contract of employment in respect of a town clerk, the Local Government Board must approve the termination.
Harare Mayor Bernard Manyenyeni, said talks were progressing well although the committee set to negotiate a package for the former town clerk had missed the September 19 deadline.
“We are talking and we are making progress. In fact my team is making progress. The challenge is, however, that we have failed to meet the deadline of September 19.
“Reality must be accepted by both teams. I have been briefed on the matter by my team and I am happy with the efforts so far. I look forward to be submitting a report to the Local Government Board next week because the law provides that it has to agree on our terms of separation,” he said.
Mayor Manyenyeni appointed a team led by councillor Enock Mupamaonde to negotiate a package with Dr Mahachi’s representatives.
Council recently endorsed the decision to terminate Dr Mahachi’s contract, which was made by the Human Resources and General Purposes Committee.
Mayor Manyenyeni was authorised to negotiate a package with Dr Mahachi’s lawyers.
Prior to making a High Court application Dr Mahachi had demanded a golden handshake from the city and among his 22 demands, he wanted the city to give him a mansion in Belvedere and two top-of-the-range vehicles.
According to a letter written by his lawyers to mayor Manyenyeni, Dr Mahachi who earned more than $27 000 wanted the city to pay him more than $100 000 for every year he served the city. He joined the city in 2007. herald