Africa-Press – Eswatini. The Eswatini Water and Agricultural Development Enterprises (ESWADE) Human Resource and Administration Manager, Edwin Manana, has run to court to stop the Board from not renewing his contract.
The contract ends today. Manana is also asking for an interim order stopping the recruitment of his replacement pending finalisation of the matter.
He said he was recently notified that the ESWADE Board resolved not to renew his contract.
“I only knew on Friday 21 October 2022 that the Board shall not respond or give me an opportunity to make a presentation.
I was advised that the Board will not issue any formal response. Hence I cry foul that I have been deprived of my right to be heard,” Manana stated.
Manana, who cited the Board as the third respondent whereas ESWADE and the Chairman of the Board, Zakhele Lukhele, are the first and second respondents respectively, said the Board interfered in an executive decision reserved for the Chief Executive Officer, Samson Sithole.
He also seeks for a declaratory order for breach of contract. Other prayers are to stay the effectiveness of the Boards’ decision on October 5 and that rule nisi be issued to operate in the interim.
Alternatively he said he must be compensated for the period of three years’ fixed contract. Manana said if he was not granted the orders, the matter would be rendered academic as he had already been notified that his last day at work would be today.
He was further advised to return all company property with him. He said when he received the letter on October 5, he was shocked to learn that a special meeting was held by the Board to decide on his fate.
Manana said Lukhele and ESWADE acted ultra vires in influencing the decision of the non-renewal of his contract.
“The letter was advising me that my contract of employment shall not be renewed by the Board dated September 16, 2022, wherein the Board took a unilateral decision not to renew my contract of employment,” he said.
Manana said the Board had no business in executive decisions.
He said the decision to renew or not to renew the contract must be taken as an executive decision by the CEO and management.
Further, he said not only the CEO’s decision counts but it must also be taken into consideration the terms and conditions of his contract.
He said the Board could only make a recommendation for the appointment of key positions, including the one he held. Furthermore, he seeks that the respondents comply with clause one of the contract.
He said the conditions were stipulated to say that renewals were based on a number of factors, including performance, delivery, operation requirement, project timelines and availability of funds.
Agreement
Clause one, which Manana referred to, states that the agreement was subject to terms and conditions set out in accordance with company policies and procedures.
It also states that the renewal of the contract shall be at the discretion of the employer and will be based on but not limited to factors such as, performance, delivery, operational requirements, project timelines and availability of funds.
Affairs
“The first and second respondents have no power to call shots on the day to day affairs and management of the organisation. Descending to operational affairs of the organisation is irregular and it defeats the objects and practice and rules of corporate governance,” he said, adding that their duties as appointed by the minister of agriculture were confined to the Public Enterprises Control and Monitoring Act of 1989.
“I submit that the decision not to renew my contract of employment was not taken by the CEO with management but it was a unilateral decision of the Board much against or in total breach of Clause 1 of the contract of employment,” Manana said.
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