HARARE – Lovemore Madhuku’s cash-strapped National Constitutional Assembly (NCA) has failed to pay over a dozen former employees over $121 000 after donors ditched his organisation.
NCA — a broad alliance of opposition parties, church groups, trades unions and civic organisations — acknowledged in court papers filed in the Harare magistrates Court that it was yet to pay its 20 former employees after being deserted by donors.
“The NCA hereby unequivocally states that it has legal obligation to pay each of its former employees listed in the attached schedule the amount of money appearing opposite the name of each former employee,” Madhuku’s memorandum reads.
“The NCA wishes to have it put on record that the sole reason for its failure to pay all the outstanding amounts is its inability to secure donor support in the past few years.
“It is now clear to the NCA that there will be no donor support in the immediate future and therefore the NCA will have to rely on membership contributions to raise the required money to make the said outstanding payments to its former employees.”
The organisation refused to sell its properties to pay the 20 former workers.
“It is in the interest of all former employees for the NCA to continue to exist. Accordingly, it is the view of the NCA that it would be against the interest of all for the NCA to sell its remaining assets for the purpose of paying former employees when there are other avenues available to make those payments while remaining in operation,” Madhuku said.
“The NCA will make three equal instalments to each former employee on the following dates: first instalment: July 31, 2013, second instalment: October 31, 2013, third and final instalment December 31, 2013.”
According to court papers, NCA however, denied owing Eddie Sithole a Pajero car and cash.
“Defendant (NCA) will also say that there was a genuine error in signing the agreement which resulted in plaintiff (Sithole) claiming what’s not due him,” Madhuku avers. “Defendant will say that plaintiff fraudulently caused defendant to sign the agreement fully aware that he was not owed the amount being demanded.”
Madhuku is being represented by Mbizo, Muchadehama and Makoni legal practitioners.
The papers were filed following a letter Madhuku had received from Sithole’s lawyers Mwonzora and Associates demanding the he pays Sithole what is due to him.
“In terms of clause six thereof, your organisation is duty bond to transfer ownership of a motor vehicle being a Pajero AAT 5424 to our client MR E Sithole,” said a letter attached as an annexure. “Although he has possession, he is yet to take ownership. Can we therefore request that you avail the registration book …..
“Further in terms of clause 7b you were supposed to pay him $3 123.96 by the 31st January 2013 which you have failed to do,” the letter adds.