06 Nov 2021

The Court of Appeal (CoA) has overturned a High Court judgement  that had awarded P1.7 million compensation to the former permanent secretary in the Ministry of Agriculture and Food Security, Dr Micus Chimbombi, for unfair dismissal.

The CoA was passing a ruling of an appeal brought by the state, which related to the 2019 Lobatse High Court judgment, which had ruled in favour of Dr Chimbombi.

In its judgement on Friday, the CoA stated that Dr Chimbombi failed to prove that there was an agreement with the government that he would be paid for the balance of his contract.

The court noted that Dr Chimbombi in the supposed agreement with the government, proposed that he be paid for the balance of his contract or an amount of separation that would be considered as reasonable.

The CoA said the statement, pertaining to an amount of separation that would be considered as reasonable, was vague to the extent of making no sense.

Regarding the issue of undue influence, which the respondent had argued about, the CoA said the evidence before the court showed  that the respondent opted for termination on account of believing  that he would be paid salaries for the balance of his contract , not on account of undue influence.

The court disagreed with the respondent contention that he left immediately because the then permanent secretary to the president, Mr Carter Morupisi and the then president Dr Lt Gen Seretse Khama Ian Khama wanted him to leave immediately, hence he was influenced to resign immediately.

During time of his resignation, Dr Chimbombi was employed on a three-year contract commencing from the beginning of May 2015 and expected to run until April 2018.

According to the court records, on  September 29, 2015, when the contract had been operational for only five months, he was informed by Mr Morupisi that the parties were to reach mutual agreement of separation, which would have the effect of terminating the employment relationship.

He then resigned from the public service on  October 6, 2015, after receiving a letter that informed him that President Khama had agreed to have his contract of employment terminated.

According to the contents of the letter,which was presented to the court, the termination was subject to the terms and conditions of employment as stated in Dr Chimbombi’s letter of appointment.

The court records stated Dr Chimbombi had been paid three months salary in lieu of notice, as per his contract.

The case was before Judge president of the Court of Appeal, Justice Ian Kirby, Justice Monametsi Gaongalelwe and Justice Mercy Garekwe. Ends