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Zindaba Soko Not Entitled To Damages For Alleged Breach Of Contract – RTSA

The Road Transport and Safety Agency (RTSA) has told the court that its former chief executive officer and director Zindaba Soko is not entitled to damages for alleged breach of contract.

This is in a matter where Mr. Soko has sued RTSA for alleged breach of contract, demanding damages.

However, in its defence filed in court, RTSA stated that it will aver at trial that the Board on September 11, 2019 decided not to renew Mr. Soko’s contract of employment which expired on January 3, 2019, and not what is being claimed by Mr. Soko that his contract of employment was terminated.

Mr. Soko sued RTSA early this month in the Lusaka High Court, demanding damages for breach of employment contract and mental stress.

The former CEO is also demanding payment of monthly salaries from the day of termination until full gratuity is paid to him.

Mr. Soko also wants RTSA to offer him for sale the personal to holder vehicle pursuit to clause 13.21 of the Agency’s conditions of service and any other relief that the court may deem fit.

In its defence, RTSA’s in-house counsel stated that the Agency will aver at trial that Mr. Soko was on January 24, 2019 erroneously appointed to the RTSA board by the Minister of Transport and Communications.

RTSA stated that it will aver at trial that on July 9, 2019, after informing the Minister of Transport and Communications, Soko proceeded on leave to pave way for investigations into the alleged money laundering activities.

It stated further that it will aver at trial that on the 11 September, 2019, the defendant’s Board decided not to renew the plaintiff’s contract of employment which expired on 3 January, 2019, contrary to the claims by the Plaintiff that his contract of employment was terminated.

“The non-renewal of the contract was done in accordance with the plaintiff’s terms and conditions of employment,” RTSA stated.

RTSA added therefore that Mr. Soko was paid a pro-rated gratuity for the period between January 3, 2019 and September 11, 2019 and that the claimant was not entitled to the relief being sought.

Mr. Soko, in his claim, stated that his contract of employment provided for three months notice of termination or payment of full gratuity if employment is terminated for any reason savef on grounds of conduct or performance.

He had stated that the contract further provided for purchase of personal to holder motor vehicle upon termination of the contract pursuant to clause 13.2.1 of the agency’s conditions of service.

Mr. Soko added that by a letter dated September 11, 2019, RTSA purported to terminate his contract effective September 12, last year and gratuity was also paid on a pro-rated basis contrary to clause 19.1.2 of the contract.

The former CEO said he has suffered loss and damage and claims three months salary, payment of full gratuity, interest and costs.

Copyright © 2020 ZR.

6 Comments

  1. Fonko Fonko

    Soko is right. RTSA management erroed in terminating his contract after 3rdJanuary. It was deemed renewed due to the time that had elapsed between 3rd Jan to Sept. Unless RTSA can prove that they wrote him something stating their intentions of extending his contract to Sept. Otherwise he is entitled to all that he is claiming for. Not sure of the car.

  2. Razor

    Which minister erroneously appointed soko to the ratsa board let the same minister pay from his pocket since that was his mistake. The same minister was probably offered a share in the Lebanese contract that’s why the same minister illegally appointed solo to make sure he received his share.

  3. Lucy

    So RTSA is full of dull danda heads, by u letting soko continue working even after his end of contract, u RTSA automatically renewed his contract. Muzamulipila ma damages. This is a trend of most companies. We shall be suing u.

    • Donn

      True, if he was allowed to work for that long, it is implied that the contract has been renewed. By the way, was he being paid? If so under which conditions of service?

  4. Governance Guru

    Serious governance issues here: ZS Contract expired 3rd January 2019, on 24th January ZS is appointed to the Board of directors of RTSA, in July, 2019 ZS proceeds on leave, on 11th September 2019, Board (of which ZS is part) decide not to renew his contract! Phew, what a mess. Did ZS know that in actual fact he was a Board member of RTSA? So was ZS Board membership revoked or it still stands?

  5. WE

    WAIT FORWARD NI FORWARD IS COMING TO ARREST THE ALL RTS THIEVES

Comments are closed.