Letwin Mubonesi
Ex-Vice President Phelekezela Mphoko has filed a court application at Bulawayo High Court seeking an order directing the Government, through the Public Service Commission (PSC) to give him more than US$300 000 in benefits and monthly pension.
Mr Mphoko, through his lawyer Mr Zibusiso Ncube of Ncube and Partners cited Chief Secretary to the President and Cabinet, Dr Misheck Sibanda, PSC Secretary Ambassador Jonathan Wutaunashe, Salary Services Bureau paymaster Mr Brighton Chuzingo and PSC pension’s master, K Makiwa as respondents. He wants an order declaring the withholding of his pension by the Government as illegal and unconstitutional.
Mr Mphoko is also seeking an order directing the respondents to pay him US$308 000 or the equivalent in local currency at the prevailing interbank rate. Mphoko argued that since he has joined the civil service in October 1981, he was entitled to his benefits and pension.
Mphoko argued that in terms of Section 102(3) of the Constitution of Zimbabwe, he was entitled to a pension which is equivalent to the salary of a sitting Vice President.
He said, “From the time I left office, I have not received a single cent in respect of my pension. The current Vice President receives a monthly salary of approximately US$14 000 or the equivalent at the previous interbank rate. This therefore means that to date, the arrears are in the sum of US$308 000 or the equivalent at the prevailing interbank rate. Neither have I received any of my benefits.”
Mr Mphoko said despite approaching Dr Sibanda to assist him secure his benefits, there has been no joy hence leading him to approach the courts.
Meanwhile, Mphoko refuses to submit title deeds as part of his bail conditions after he had applied to have his passport back citing that he wanted to travel to South Africa to meet his business associates for five days.
Mphoko was arrested facing charges of abusing his office after he instructed the release of two highly ranking officials from custody following their arrest on corruption charges. Mr Ncube told the court that Mphoko would not abscond since all his family is in Bulawayo and has business interests in the country.
He also indicated that his client was ready to stand trial at any time.
“My client has never defaulted on his reporting conditions, interfered with the State witness and has never violated the trust entrusted in him by the court, he strictly adhered to his bail conditions. The administration of justice will not be tampered with if he is given his passport even if we were to be given a trial date tomorrow, the trial will not kick off in five days,” said his lawyer.
Mr George Manokore appeared for the state and he opposed the application on the basis that the accused had not furnished the court with concrete details of his business trip and had also not complied with the condition set for the release of the passport.
“We told the defence that we wanted security in the form of title deeds to his property namely number 19 Douglasdale Road, Douglasdale in Bulawayo during the five days he will be in South Africa. We had agreed that we will hand over the passport when he gives us the title deeds and we will return them when he comes back from South Africa and surrenders the passport, but that did not find favour with the accused person. It is our belief that the failure by the accused person to hand over the title deeds points to the fact that he does not want to attach him to the risk that will arise if he hands over the title deeds,” he said.
Mr Ncube, however, argued that it was not proper to view his client as a flight risk without evidence. He said his client was worried about entrusting the State with his title deeds and had instead offered to surrender share certificates worth US$300 000 that the Government owes him.
Harare Provincial magistrate Mr Hosea Mujaya dismissed the application saying that there was no proof that shows if the Government owes Mphoko more than US$300 000.
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