Nester Chidembo and Emmanuel Masendeke who were dismissed in 2013 from the military after Chidembo gave birth before serving their first three years in the force have taken Zimbabwe National Army Commander Philip Valerio Sibanda, Zimbabwe Defence Forces Commander Constantino Chiwenga and Defence minister Sydney Sekeramayi to the High Court seeking reinstatement.
In her founding affidavit, Chidembo states that her contract of employment had already been extended to 2020 following the completion of her two-year probation period, which was a prerequisite at the time, before the introduction of the three-year period probation. Prior to her contract extension she had married Masendeke in compliance with Chapter 43 (3) (4) of the army’s standing orders, which allowed members to marry after attaining 18 years of age and to go for maternity leave with pay after serving at least a year on probation. Masendeke also argues that he should not have been dismissed because he had completed the initial three years of his service in the force.
In a combined response Chiwenga, Sibanda and Sekeramayi said Chidembo and Masendeke do not deserve to be heard by the High Court as they had failed to exhaust internal remedies of the military. The matter will be heard tomorrow before the High Court.
More: NewsDay
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