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PG legal battle takes new twist


THE legal battle between former PG Industries marketing director Nkululeko Mabhena and the company has taken a new twist, with PG bosses being exposed that they could have lied under oath.


Mabhena exposed the alleged criminal act in his reply to a notice of opposition filed by PG Industries (Zimbabwe) Limited group human resources executive Caroline Mapupu to a contempt of court application he filed last month.
He filed the application after the company failed to reinstate him and produce accounts of his salary and benefits, contrary to orders granted by the Bulawayo High Court.

Mapupu, in her opposing affidavit, urged the court to dismiss Mabhena’s application, accusing him of abusing court process and also that he be censured for allegedly defaming the company’s lawyers after he described them as “liars”.

PG Industries Zimbabwe Limited, PG Zimboard Products (Pvt) Ltd and PG Industries Zimbabwe Limited and group chief executive officer James Banda were cited first, second, third and fourth defendants.

However, in his response, Mabhena was adamant that Mapupu and the company lawyers lied to the court under oath, thereby committing perjury.

“The same Caroline Mapupu is masquerading as the ‘group human resources executive’ of second respondent (PG ZimBoard Products) and has scandalously written and signed letters dated September 25 2012, October 10 2012, October 19 2012, November 5 2012, November 15 2012, December 6 2012 and February 11 2013 contradicting advocate Thabani Mpofu’s submissions to the Retrenchment Board,” he wrote.

“These fraudulently conceived letters without any board of directors’ resolutions have been used scandalously by their lawyers to procure a fraudulent retrenchment.

“This is a serious criminal disposition and the High Court must not allow itself to be so crudely abused by the respondents.

“In all these letters, Caroline Mapupu is writing as the so-called ‘group human resources executive’ of second respondent, which is a different industry in Mutare, with an independent board of directors.”

Mabhena last month filed a fresh $71 million lawsuit against the glass maker for damages he suffered for the past 16 years due to loss of employment and the pain he endured due to the fraudulent manner in which his employer dealt with his case.

Mabhena is also suing the company for $73 million in salary arrears and benefits.

He is challenging his compulsory retrenchment, arguing that PG Industries should explain who his real employer was, as the company suspended him for insubordination last year and a hearing had not been conducted.

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