BY RICHARD MUPONDE

ZIMBABWE Miners Federation (ZMF) president Henrietta Rushwaya is facing another court challenge after the Zvishavane-Mberengwa Mining Association (ZMMA) filed an urgent chamber application seeking to bar her from representing the interests of ZMF.

This was after she had appealed to the Supreme Court against a recent High Court order which stripped her of the presidency of the small-scale miners’ body.

ZMMA wants an interdict barring her from acting as the ZMF president until finalisation of her appeal by the highest court.

Rushwaya lost the presidency of the association after the High Court declared that the results and proceedings of the elections, which brought her to the helm of the small-scale miners’ body, were invalid.

She was elected ZMF president in June last year, but a group of small-scale miners under the ZMMA challenged her election.

In a case filed at the High Court in Bulawayo under case number 1652/18, the miners accused Rushwaya of using “unorthodox” means to take over the ZMF leadership.

Justice Nokuthula Moyo granted the order in favour of ZMMA. Rushwaya, however, appealed the judgment arguing that Justice Moyo erred at law and grossly misdirected herself on the issue of locus standi in failing to find and discounting that the deponents to the appellant’s founding papers were properly before the Court.

ZMMA on April 16 filed an urgent chamber application seeking to bar her from representing the interests of ZMF president until finalisation of her appeal.

In a founding affidavit, Thembinkosi Sibanda, on behalf of ZMMA, filed by their lawyer, Mutuso, Taruvinga and Mhiribidi Attorneys, said they had gathered that Rushwaya was representing ZMF at the just ended Zimbabwe International Trade Fair.

Southern Eye could not immediately verify the veracity of the allegations.

The matter had been set down last week on Thursday with Justice Maxwell Takuva, but was postponed.

“It has come to my knowledge that the respondent, on the 14th instant, officialised the national executive, which was allegedly nominated and appointed on the 14th of June to represent Respondent in the upcoming national events to be held at the ZITF, between April 22 to 27. This national executive is led by Henrietta Rushwaya and Wellington Takavarsha,” said Sibanda.

Justice Moyo, in her ruling said: “The court, being a court of law, cannot embrace a willy-nilly departure from one’s constitutional dictates. Not only is adherence to one’s constitution good for law and order, but it is also a good corporate governance principle.

“The reason why there is a constitution in the first place is so that the association or organisation operates within the confines of good order to avoid chaos.”

She said the court could not encourage organisations to breach their own constitutions and do as they wished, and thus the court could not lend a hand to allow an illegality to prevail.

Guest Column: Emmanuel Zvada

THE human resources department has a role to play not only in protecting the welfare and safety of employees, but also in supporting organisational sustainability during an economic crisis. Why? The simple reason is that there is always a human side to every challenge that the organisation faces. Business cycles always pose a major challenge to business organisations, especially in an economic slump. Today’s turbulent business environment requires that firms continuously re-shape HR practices and strategies in order to sustain competitiveness within the market.

Thriving in a downturn requires greater diligence and more skills than during favourable economic times. The current economic crisis is making many organisations limp as there are a lot of uncertainties. So far, many organisations are facing challenges in swimming through the waves of this economic crisis and HR has its role also in helping organisations remain cost effective, competitive and to exploit opportunities presented by changes to labour markets. The human resource management is responsible for seeing that employees of an organisation are utilised in the most efficient and economical way possible. During a recession when budgets are tight, this vital human resource role becomes even more important to keep a company on track in all facets.

The current environment is an unfavourable period to many businesses. Most of the companies crave for a stable economic environment in which to plan and increase profitability, but under harsh conditions business cannot prosper. This crisis affects businesses across all sectors of production. Cost-cutting is also one of the HR challenges as it comes in the scenario when companies are not earning much.

At this time, a company may have to introduce Innovative ideas to reduce operating costs without affecting business. You should involve employees in the process and listen to their feedback and opinions. Normally, in times of uncertainty, companies may find themselves unsure of what strategies to employ. Some companies might have to restructure and remake their organisations to cope with the new business environment that the crisis has presented and some might have to lay off employees, but in all this HR practitioners play a key role.

Strategic role of human resource managers

The role of HR is vitally important to the realisation of a sound business strategy that will secure business success, and in certain cases the very survival of the company. A recession is an opportunity for HR professionals to step and contribute strategically to the success of their organisations. HR will need to maintain the balance of retaining key talent and reducing labour cost as well as managing the flow-on impacts on remuneration. Part of the new role of HR is providing advice and mentoring to managers in dealing with the HR implications of business decisions that will affect the organisation.

The points that have to be looked at by HR management during recessions include; to optimise the manpower strength, taking strategic initiatives to increase the productivity and efficiency of the entire organisation as well as working on compensation benefits, among others. On the other hand, it is also the HR management’s responsibility to find some innovative solutions during a recession, like identifying the real key employees and to induct them in the organisation as well as identifying the real top potentials and to strengthen their development programme for the benefit of the organisation.

Keeping workers motivated

Keeping employees motivated has never been as important as during the current economic downturn. Recession is a difficult period for employers too, but if you are at a higher position of responsibility, you should be able to motivate your team of workers in this time of crisis. As companies reduce their workforce, employers need to work at how best to ensure increased productivity and profitability. During harsh economic conditions, employees are worried about the safety of their jobs because the possibilities that their jobs are not safe seems to be high. This is especially true in the private sector than in public sector organisations.

A recession is, indeed, a difficult period as only the strongest fight to survive with less damage. Coping with recession requires teamwork and a positive spirit among employees. The key issue is to create an environment where employees genuinely feel engaged and involved, where there is a sense of collective responsibility and communication between the employer and the employees. By involving employees in problem-solving and by openly recognising their contribution, you will create a stimulating, progressive and inclusive workplace that is more likely to survive the bumpy roads and the harsh economic conditions.

Cost-cutting measures

It is known that to keep the profits at a viable level, you need to control costs. You need to control the cost of your business so that the costs will not exceed your revenues. In short, controlling cost is simply preventing you from losing your business. Managing the budget is a must in every business as you have to determine the allocation of your resources to maximise efficiency and profits of your business and prevention of possible loss.
Cost-cutting measures may include reducing employee salary, closing facilities or unprofitable business outlets or eliminating outside professional services such as advertising agencies, among others. Cost-cutting measures are often employed to keep a business operating through difficult economic periods. In a downturn, cost control and cost reduction must be a prime focus of management who should start with a blank sheet.

Layoffs or reduction in manpower

Companies trying to reduce costs should use layoffs as a last resort. Ask any manager and they will probably tell you that one of the most difficult things they have ever had to do was let an employee go due to company downsizing. This is an especially tough situation because these could be loyal and productive employees who have done nothing wrong. Workforce reductions are often necessary to keep the company solvent during difficult times, but mishandling the process can make an already bad situation even worse.

The biggest mistake a manager can do is to lay off the employees for cost saving. In a recession, every company does the same. But the manager faces the problem when the market rises and the organisation wants a good employee. At this point of time the potential employees has been already laid off in the recession. This can be a mess later on if you discover that you have cut a critical employee. So, when a company is planning to go for a lay off it is better to lay off some highly-paid, non-potential and under-performing employees.

Job sharing

Job sharing or work sharing is an employment arrangement where typically two people are retained on a part-time or reduced-time basis to perform a job normally done by one person working full-time. This arrangement allows companies to reduce their labour costs as employees work fewer hours; however, it still allows the employer to maintain valuable skills and expertise. Job sharing allows employers to retain top-notch employees. For example, if a good employee was considering leaving the company because they felt their full-time workload was too much, job sharing would be a suitable alternative.

Human resources are the life blood of an organisation. HR combines other resources in the right mix to formulate appropriate strategies for the accomplishment of the desired objectives of organisations. This essential attribute of HR assists organisations to make rightful decisions and respond effectively to the threats and opportunities within the organisation. Organisations depend highly on their HR for success and survival.

Guest Column: Learnmore Zuze

FOLLOWING a fresh wave of price hikes for basic commodities last week, Zimbabweans woke up to a terrifying headline pertaining to the possibility of the introduction of price controls by government. This came particularly after the shock rise in the price of bread and the incessant increases in fuel prices. In its fury, the current government, it was reported, may be mooting the possibility of introducing the capping of prices for the essential commodities to protect the consumer from “heartless and insensitive” business owners.

Life for Zimbabweans remains generally unbearable and word on the street is that the unrelenting escalation of prices is set to continue. Fuel has been on an upward trend right through from the beginning of the year virtually eroding the meagre salaries of the workers. Prices for the very basic commodities shot through the roof and many theories abound as to the triggers. Chief among the theories was the slight rise in civil servants’ salaries earlier in the month. This theory gained currency in light of the uncanny collision between Treasury’s pay date for civil servants and the jaw-dropping price rises.

Price controls are not a new phenomenon in Zimbabwe; they have been used as an instrument to control runaway inflation and to leash perceived unscrupulous business people. Price controls were introduced in 2007 during the period of hyperinflation as well as in 2017 following the introduction of bond notes in the previous year. As has become the omen preceding price controls, business owners are first labelled as “economic saboteurs”. Once that has occurred, we can be sure that ‘tight’ measures are then taken against the business. It would have been laudable if the “tight measures”, indeed, leashed errant business people.
The grim reality is that the “tight measures” in reality choke the overburdened ordinary Zimbabwean on the street.

It is against the backdrop of this possibility of price controls that I make the case that any person of a sound mind, who has lived through Zimbabwean life and its complications in the last two decades, can vouch for the futility of price controls. As mentioned before, price controls, in the wake of scary inflation, have been introduced in the past. But nowhere in the world have price controls been reported as a success. Zimbabwe doesn’t even need the failure examples of distant countries to drop this fearsome idea of price controls. Zimbabweans know too well the immediate results of introducing price controls. The matter is simple. It’s an all too familiar script for Zimbabweans.

The surest thing that follows price controls is a critical shortage of such commodities and a thriving black market. In essence, price controls are as sure-fire recipe to boost the black market. It would be foolhardy for the incumbent government to traverse the ill-fated route of price controls after having seen the tragedy former President Robert Mugabe wrought on this country with the same idea. Zimbabwe experienced one of its most trying times when, for months on end, the country trudged on with a worthless currency and empty shops. The greater part of 2007 and 2008 had Zimbabweans scrounging for a living under near inhuman conditions as virtually everything had to be queued for.

It is ironical that the government itself had been preaching the gospel of letting market forces determine prices all along. There is nothing positive that results from populist policies. While people may feel relieved in the short term, the worst will be sure to follow. Instead of the government continually accusing business of profiteering and using the exchange rate to fix prices, it is time for self-introspection. A national administration cannot live on pointing fingers and being reactionary.

The government of President Emmerson Mnangagwa has a real task of thinking; a task to think practically hard on how to turn the fortunes of this long-suffering nation. Zimbabwe needs real sustainable solutions to arrest the economic freefall.

There are plenty of lessons to be taken from the Mugabe era where populist ideas reigned supreme. The simple challenge with populist ideas is that they stand on clay legs; populist ideas cannot last the distance. We all remember how taskforces were set up during the Mugabe era to crack down on businesses perceived to be charging higher prices. We saw how Mugabe, through the then Reserve Bank of Zimbabwe governor, Gideon Gono, remained headstrong that the worthless bearer cheque was close to the United States dollar in worthiness. The introduction of the freedom trains were all populist ideas which failed to last the distance.

The current government, being composed of people who held influential offices in Mugabe’s administration, must shun such policies that bring immediate gratification, but later trigger immense suffering for the masses. Real practical and lasting solutions to the economic crisis are required, not impulsive and emotional political decisions.

 Learnmore Zuze is a legal officer and writes in his personal capacity.

BY Brenna Matendere

MIDLANDS State University (MSU)has come under fire for employing a Gweru-based labour officer who has been handling cases raised against the institution by close to 100 workers.

The university employed Simbarashe Gobvu at a time he was supposed to deliver judgment in a labour case that could have potentially cost MSU $3 million in overtime payments.

“We had a case that was before labour officer, Mr Gobvu as the conciliatory officer in which about 88 campus police officers were demanding overtime allowances dating back from 2006,” Doubt Chibi, the MSU Campus Police Association chairperson, said.

Chibi has since been suspended along with the entire executive of the union.

“The workers were working for 12 hours instead of eight hours. All the evidence was brought before Mr Gobvu, but MSU was opposing our case. However, when we expected a verdict from Mr Gobvu, he then told us that he was now going on leave for three months. When he came back, he told us that he could no longer conclude the case because he had been employed by MSU.”

In written responses to Southern Eye, MSU spokesperson Mirirai Mawere defended Gobvu’s employment and denied the move was done to kill the cases before him.

“Mr Gobvu was not appointed for the purposes of burying or defeating labour matters involving MSU staff members that were before the local labour office. He is employed as an administrative assistant responsible for training and development as well as managing employment contracts and does not deal with any labour disputes, either internally or externally,” she said.

Mawere also indicated that she was not aware of any outcry over the labour officer’s appointment, adding the appointment was above board and did not breach good corporate governance practises.

“I am not aware of any outcry by MSU employees regarding the employment of Mr Gobvu by the university . . . the university did not go against good corporate governance practices by engaging Mr Gobvu,” she added.

BY TERRY MADYAUTA

TRAILBLAZING Zifa Central Region Division One side Sheasham continued with their blistering form to maintain pole position following a narrow 1-0 win over Shabanie Mine at Maglas Stadium on Sunday.

With 12 points on their tally, the John Nyikadzino-coached side remain the only side with a perfect record in the league so far, where they are yet to drop a point or concede a goal.

Finhu Finhu as they are fondly known, are this year’s title favourites, judging from their boisterous exploits despite unforgiving fixtures.

In other games played over the weekend, MSU edged Vumbachikwe 1-0, while Ivan Hoe beat newcomers Filabusi 2-0 at Baghdad Stadium in Kwekwe.

Black Eagles and Beitbridge-based Dulibadzimu settled for a share of the spoils following a goalless draw while Kwekwe United and ZRP Gweru drew one-all.
Newbies Gokwe North and Dendairy also drew one-all at Nyamuroro Stadium in Gokwe.

Perennial championship contenders WhaWha collected their first set of maximum points this season following a 2-0 win over Shurugwi side Real BVM.

The result saw Real BVM dropping to the bottom of the log table.

Second-placed FC Platinum U-19, who are the reserve side of the current Premier Soccer League champions FC Platinum, maintained their winning formula as they narrowly beat Venue FC 1-0 at Minda Stadium in Mapisa. The platinum miners now have 11 points on their tally, just a point behind log leaders Sheasham.

Meanwhile, last season’s runners-up, ZPC Munyati fell 2-1 at the hands of lowly-Blanket Mine.

The power utility outfit has been struggling since the departure of gaffer Tendai Chikuni, who is now at Ngezi Platinum.

They were also hit by a massive player exodus that saw them lose key players that include Bruno Mtigo and Blessing Sahondo who followed Chikuni’s path to Ngezi, while Alpha Shirichena joined Sheasham.

BY DESMOND CHINGARANDE

A HARARE magistrate has set May 24 as the trial date for former Zanu PF MP for Muzarabani South and Zimbabwe Farmers’ Development Company (ZFDC) chairperson Edward Raradza who is facing charges of defrauding ZFDC of more than $10 million.

Raradza (71), who is jointly charged with his son, Mathew (46) and ZFDC executive director administration Thomas Nherera (68) appeared before magistrate Barbara Mateko yesterday.

They are on $300 bail each.

ZFDC, the complainant, was represented by its director Aaron Nhepera.

Raradza, Mathew and Nherera were all represented by Tinashe Zintu.

ZFDC was incorporated under the Companies Act, with Farmers World Zimbabwe (Pvt) Ltd having a 55% shareholding, while government, represented by Hero Fence, holds the remaining 45% of the shares.

ZFDC was to source agricultural equipment from China and hand it to eligible farmers through a credit facility. Each beneficiary was supposed to make a payment of 10% deposit to the company.

Between 2005 and 2010, ZFDC received agricultural equipment on credit through China Export and Import Bank valued at $60 million, which was guaranteed by the government.

The State alleges that upon receipt of the equipment, the accused, who are also directors of Zambezi Gas (Pvt) Ltd and Weldwell (Pvt) Ltd, connived to steal the agricultural equipment from ZFDC.

They reportedly stole tractors, among other equipment, valued at $9,74 million.

The State also alleged that in May 2011, former Zifa president Philip Chiyangwa got farming implements on credit worth $597 844 and the accused reduced the debt to $500 000 without the board’s approval.

It is alleged Raradza and his son transferred the bulk of the money amounting to $494 423 into an account belonging to Coachcard Investments (Private) Limited, which is owned by Raradza’s wife, Julie.

The State further alleges that the reduction of Chiyangwa’s debt, the transfer of money from ZFDC into a private company account, was done to steal money.
It is also alleged that $494 423 was lost and nothing was recovered.

BY JAIROS SAUNYAMA

Villagers in Mutoko were left scavenging for water after a local granite mining company, upon closing shop, sealed off boreholes it had drilled in the area.

In his report during a provincial coordinating committee held in Marondera on Sunday, Zanu PF’s Mashonaland East political commissar and Mutoko South legislator Hebert Shumbamhini said the mining company, called Reds or Sidingo, sealed the water sources and refused to renovate the houses of villagers that developed cracks caused by blasting despite having pledged to do so.

“We have a mining company that wound up its operations in Mutoko district. They had sunk boreholes in the area, but when they left, they sealed all the boreholes that were benefiting villagers. We tried to engage them to renovate villagers’ houses that cracked during the time they were operating as a result of blasting as well as repairing bridges, but (it was) in vain. We kindly ask the authorities to assist on these matters,” he said.

Shumbamhini added that the company also removed the water pumping equipment from the boreholes.

Efforts to get a comment from the mining company were fruitless yesterday.

Despite the abundant natural resource, Mutoko is one of the poorest districts in Zimbabwe, with mining companies extracting granite and exporting it to Europe since 1972.

At least 98% of black granite extracted from Mutoko is exported to Germany, Spain and Italy.

According to the Zimbabwe Mineral Development Corporation, Mutoko produces 75% of Zimbabwe’s black granite.

BY RICHARD MUPONDE

A CHIPINGE man has been arrested for stealing cash and property valued at $900 from a prostitute with whom he had a quick flirtation at her home.

This came to light when Give Masuku (38), of 1093 in the Medium suburb, appeared before Chipinge magistrate Joshua Nembaware facing charges of unlawful entry and theft.

He pleaded not guilty to the charges and was remanded out of custody to May 10 on $100 bail.

He is represented by Tariro Tazvitya of Bere Brothers Legal Practitioners.

The complainant, Elizabeth Masuku, told the court that she is a commercial sex worker and had only engaged Masuku, with whom she shares a surname, but are not related, for short time sexual services.

Prosecutor Sesekedzai Mwayera told the court that on April 5, Give sent text messages to Elizabeth asking for sexual favours and she invited him to her house at the ZBS suburb.

After the act, he paid her $5.

The court heard that Elizabeth placed the money in her wallet, which also contained US$100 and $50 in bond notes.

She then put the wallet among her clothes in her wardrobe in the presence of Give.

The court heard that Elizabeth locked her door as the two left for a local night spot for a beer drink.

Later on, they parted ways. That same night, Elizabeth was hired by another man and they went to her house.

From a distance, she allegedly saw Give coming out of her room and she called him, but he didn’t stop.

On arrival, she found her door open and all her money and some groceries missing.

She went back to the club and confronted Give about the theft, but he allegedly became violent.

Elizabeth tried to enlist the services of other patrons to apprehend him, but they were overpowered.

She then made a police report, leading to his arrest. Nothing was recovered.

BY JAIROS SAUNYAMA

THE Zanu PF youth league in Mashonaland East province has warned members who are already canvassing for parliamentary and party positions for the 2023 elections that they risk disqualification and suspension from the party.

According to a letter to all party districts dated April 28 and signed by provincial political commissar Lincoln Matare, some party members have already begun unsanctioned campaigns.

“Following observations that party members are embarking on unsanctioned campaigns, Zanu PF Mashonaland East youth league is sternly warning any member found wanting in terms of the above. The party will not hesitate to disqualify anyone who will not adhere to this warning or even suspend anyone who disregards the party protocol and procedure,” the letter read.

Matare confirmed the letter and said they were aware of members who are campaigning for both party and parliamentary positions.

“We observed that there are some members who are already campaigning for 2023 as well as positions in the impending restructuring exercise at provincial level. We are saying, let’s give others a chance to work. If the time comes, those interested will be sanctioned to do so,” he said.

Meanwhile, government has called on Zanu PF members to take heed of directives from the authorities in the wake of an impasse between the State and illegal settlers who are currently facing evictions.

About 200 youths in Wedza are currently facing eviction from a farm they invaded about 10 years ago.

The illegal settlers were last week given a seven-day ultimatum to leave the farm before they appealed to government to regularise their stay.

Addressing party members in Marondera on Sunday, Mashonaland East Provincial Affairs minister and women’s league political commissar, Aplonia Munzverengi, said party members need to co-operate with the government to avoid disorder on land issues.

BY DESMOND CHINGARANDE

The State yesterday closed its case in the matter in which Mt Pleasant legislator Samuel Banda (MDC Alliance) is being accused of contravening a section of the Electoral Act by allegedly falsifying his home address so that he could register to represent the constituency.

Banda (43), who is represented by Job Sikhala, yesterday told magistrate Learnmore Mapiye that the complainant and witnesses were aggrieved after he won a ticket to represent his party during the primary elections in which they all participated.

Banda told the court that the complainants, Warship Dumba and Isaac Chidavaenzi, had political scores to settle with him because they wanted his position.

Chidavaenzi lost the position to Banda for parliamentary elections, while Dumba wanted the position, but was relegated to council elections.

“The only truth is that both witnesses wanted to be MDC Alliance candidates. Dumba wanted to be a councillor, while Chidavaenzi wanted to be the MP, but they all lost,” Banda told the court.

“I’m (very) surprised that Chidavaenzi lied that I do not stay at his place of residence, yet I’m still staying at his house. I’m surprised that he lied that he learnt that I registered using his place of residence address on radio. It is so shameful. Even Jesus was disregarded by his fellows. That is why my fellow opposition members are fighting me. They have teamed up with my enemies to say that I lied about my address, which is untrue.”

Mapiye postponed the matter to Monday next week for ruling.

Allegations are that on December 28, 2017 last year during the national biometric voter registration exercise, Banda misrepresented to the Zimbabwe Electoral Commission that he was staying at number 34 Waller Avenue, Mt Pleasant, Harare, in order for him to register as a voter in that constituency, while in actual fact, he did not reside there.

The State alleges that Banda went on to depose an affidavit of residence for voter registration (Zec Form VR-9) to a Zec commissioner of oaths purporting to be residing at the house.

Through misrepresentation, the prosecution said, Banda was registered as a voter in Mt Pleasant constituency, where he contested for the House of Assembly seat and eventually won.

The State said the Zec forms VR1 and VR9 can be produced as an exhibit.

Peter Kachirika appeared for the State.