HARARE – Former NetOne CEO Lazarus Muchenje has challenged his sacking from the company last week, claiming that only President Emmerson Mnangagwa can authorise his dismissal.

In an urgent chamber application filed at the High Court, Muchenje is demanding that his termination letter be declared null and void.

Cited as respondents are NetOne board vice chairperson Susan Mutangadura and board members Winston Makamure, Ranagarirai Mavhunga, Beulah Chirume, Douglas Mamvura and NetOne Cellular (Pvt) Ltd.

Muchenje also wants the NetOne board to be interdicted from publishing the dismissal and advertising of the position as vacant.

Muchenje says in his court filing that Makamure wrote and served a letter dated July 9 purportedly dismissing him as the chief executive officer on notice.

Muchenje is arguing that the letter is illegal and has no force or effect because Makamure is not an employee of NetOne and did not demonstrate that he has authority to write the said letter on behalf of the company.

He added that mandatory provisions of section 11 of the Public Entities Corporate Governance which governs his dismissal had not been complied with.

“The applicant (Muchenje) cannot be dismissed on notice as purported in the said letter in terms of his contract. The second respondent (Makamure) and NetOne have not demonstrated that the necessary President’s prior endorsement to dismiss the applicant has been sought and have accordingly acted arbitrarily, illegal and irrationally,” Muchenje said.

The court heard Muchenje’s dismissal would have to be published in the Government Gazette and he fears that since the next publication is imminent, his dismissal could be published.

“In the event that the respondents are not interdicted from giving effect to the illegal dismissal letter which is illegal, arbitrary and lacks the President’s endorsement, the applicant will clearly suffer irreparable harm to his clear right from further illegal processes,” Muchenje’s lawyers argued.

The matter is yet to be heard.

Muchenje has been facing an intense boardroom push to oust him, and was arrested last month accused of corruption along with over half a dozen other executives at the state-owned mobile phone company.

The NetOne board last week recalled him from suspension only to fire him on notice 24 hours later.