DAR ES SALAAM: Court summons Vodacom boss over 77m/- execution proceedings

Written by FAUSTINE KAPAMA.

The High Court's Labour Division has summoned Vodacom Tanzania Limited Managing Director, Rene Meza to show cause why he should not be committed to prison for allegedly failure to deposit in court 77m/ -in execution proceedings involving the company's employees.

Registrar of the Court, Mr Mohamed Gwae, issued the summons in question on March 20, this year, requiring the director of the mobile phone provider company to appear in person before him without failure on March 26, this year and should remain in attendance until permitted by the court.

"You're further cautioned that you shall on no account neglect to comply with these summons lest you render yourself liable to a fine or imprisonment," sounds a warning part of the summons.

The Registrar, however, decided to proceed with execution proceedings in the matter while the company, through its advocate, Mr Juma Nyamugaruri, from FK Law Chambers, has filed an application at the Court of Appeal, seeking nullification of orders given by the Registrar on February 6, 2013.

In his ruling given in favour of former employees of the company, the Labour Court's Registrar directed Vodacom Tanzania Limited to deposit in court a sum of 77,973,036/- within two weeks from the date of the ruling.

Already, Mr Nyamugaruri has filed a notice, objecting to the hearing of application by the then employees on grounds that the court has ceased jurisdiction to entertain the case on account of the same matter pending in the Court of Appeal for revision filed on March 5, this year.

In its application before the Highest Court of the land, Vodacom Company is asking judges of the appeals court to call, examine and revise the orders issued by the Registrar in favour of Zawadi Bahenga, Lulu Mkwawa, Hapiness Kabale, Thobias Paul, Johanitha Richard, Iddah Assenga and Anne Mushi.

"The purpose is to satisfy itself (Court of Appeal) as to correctness, legality and propriety of proceedings and orders, which require the applicant (Vodacom) to deposit the sum in court in execution of award of CMA (Commission for Mediation and Arbitration)," the application reads in part. The ex-employees of the company had gone to the CMA to challenge termination of their respective employment services with Vodacom, alleging that correct procedures were not followed.

While pursuing their case before the CMA, the employees had filed another matter at the High Court, District Registry, demanding damages for alleged injuries they sustained in course of their employment, including ear pains and loss of hearing, as a result of Vodacom Company's claimed negligence.

The seven former employees, who were employed as customer services operators, had applied before the Registrar for enforcement of the CMA award, after the Labour Court dismissed with costs the company's application for revision.

Apart from dismissing the application in question, Judge Sophia Wambura had ordered each of the former employees to be compensated an amount, in addition to the CMA award requiring the company to pay them a sum equals to twelve months salary for permanent disabilities caused by poor devises.

She also ordered in her ruling dated January 4, this year, that all labour inspectors "should immediately inspect all devices used by Vodacom and similar companies and relevant measures be taken for companies which will be found to be using gadgets which are below standard."

The judge added, "It is a pity that it is not in record as to what has been done to Vodacom after this discovery. I am afraid that if this is not done, most of our children will end up getting this disability and be terminated, while the companies continue to employ other girls who in the course will suffer the same disabilities."

Already, Vodacom has lodged a notice of appeal and an application for leave to appeal against the said ruling. In the application for revision filed before the Court of Appeal to challenge the execution proceedings, Vodacom alleges that the Registrar has no statutory power to enforce the CMA award.

Source: Daily News (26/03/2013): http://www.dailynews.co.tz/index.php/local-news/15815-court-summons-vodacom-boss-over-77m-execution-proceedings