ZIMBABWE – BULAWAYO – Former Highlanders Football Club technical manager, Madinda Ndlovu has filed an application for a summary judgment seeking that his former employer pay him US$18 580 after he served them with fresh summons based on an acknowledgment of debt by the club.
Madinda through his lawyer, Sindiso Shepherd Mazibisa, of Cheda and Partners wants the Club to pay interest on the said amount at the prescribed rate of interest calculated from 3 August 2009 to the date of full payment.
He wants the Club to pay the costs on an attorney and client scale.
Highlanders Football Club through their lawyer, Nicholas Mathonsi, of Coghlan and Welsh Legal Practitioners has entered an Appearance to Defend the fresh court application.
In his declaration attached to the Summons issued under HC1617/09, Ndlovu says on 3 August the Club’s executive committee and himself held a meeting at which the members of the executive committee acknowledged in a written document incorporating the minutes of the meeting that the Club owed him various sums of money totaling US$18 580.
“The written document acknowledging indebtedness and incorporating the minutes of the meeting was signed by both parties’ representatives. Despite acknowledging in a written and signed document that it owed the Plaintiff (Ndlovu) the sum of US$18 580 the Defendant (Highlanders) has refused or neglected to pay the said sums of money,” wrote Ndlovu in his declaration.
Ndlovu’s agent and manager, Hosea Bhebhe in his founding affidavit in the application for summary judgment states that the Club has no bona fide defence to Ndlovu’s claim and that the appearance to defend has been entered solely for the purposes of delaying the recovery of the money legitimately due and owed to Ndlovu.
It is his contention that Ndlovu’s claim is unassailable in that on 3 August 2009, Ndlovu and himself attended a meeting with the Club’s executive committee at which meeting they acknowledged indebtedness in a written document incorporating the minutes of the meeting.
He says the Club’s secretary, Andrew Tapela and himself signed the document and that despite demand, the Club has failed or neglected to pay the money.
“The Applicant’s claim is therefore unassailable and the Respondent has no conceivable bona fide defence to the Applicant’s claim. The Respondent entered appearance to defend solely for purposes of buying time and delaying meeting its obligation to pay.
“The Applicant has been compelled by the Respondent’s failure or neglect to pay the acknowledged money to institute legal proceedings to recover same. There are no compelling reasons why the Applicant must be left out of pocket as a result of paying legal fees and other expenses incidental to the court proceedings. The Respondent must be ordered to pay the costs of suit on attorney and client scale,” wrote Bhebhe who has been given a Special Power of Attorney by Ndlovu.
According to minutes of the meeting between the Club and Ndlovu at the Club offices on 5 August 2009, at 3 pm and signed by Tapela, the chairman, Themba Ndlela acknowledged that “indeed the club owed Ndlovu the said amount of US$18 580”.
“However it is important to note that attendance at matches was going down drastically and the situation was getting worse each day. As a result the club was heavily incapacitated financially. In light of the above, the Club was unable to meet part of the Technical Manager’s salary of US$2 000,” Ndlela is quoted saying.
The minutes add that it is without doubt that the Club would still fail to pay the US$2 000 as long as the trend continued.
It is further noted that the joint meeting of the Board and Executive members had expressed concern at the mounting debt and had recommended for austerity measures to be taken, one of which was to negotiate with the Technical Manager for the US$2 000 Club obligation to “cease accruing and or accumulating from August going forward.”
The meeting resolved that Ndlovu was owed US$18 580, Ndlovu would receive US$3 000 as salary with effect from August, the balance of US$2 000 per month “will not accrue from August 2009 going forward”, both parties were to sign the minutes among other things.
Bhebhe signed on behalf of Ndlovu while Tapela signed for the Club
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madinda u want alot of money and yet u didnt deliver..
Comment by mcedisi moyo — October 29, 2009 @ 2:00 pm
Madinda ngaapihwe mari yake, ko angasevenzere mahara here?
Comment by wezhira — November 4, 2009 @ 10:36 am
madinda,just accept to get your money in instalments,times are tough Bro.otherwise if the club pays you $18 500 at one go,then the current players wont get their allowances/wages.i understand your plight but imali kayiboli-accepts the installments ,dont be greedy and kill the club financially.they agree that they owe you cash,come to a gentlemens agreement.Hosea,your agent seems a reasonable person to me.dont mislead each other lo Hosea libulala iclub.comeon guys be reasosnable.
Comment by colonel M — November 8, 2009 @ 5:22 pm
Madhidha anoda mari yei. he doesnt deserve even a single sent .look how miserable Bosso is because of him. akasiya abvorongabvoronga oda mazimari pamsoro pazvo. nonsense
Comment by ba chatunga — November 16, 2009 @ 9:03 am