THE Road Transport and Safety Agency (RTSA) says its former chief executive officer Zindaba Soko is not entitled to payment of three months gratuity he is seeking because the non-renewal of his contract was within its terms and conditions. This is in a case Mr Soko has sued RTSA in the Lusaka High Court seeking payment of three months’ salaries after the agency allegedly terminated his contract without notice. He is also demanding damages for breach of contract and wants the court to compel RTSA to pay him full gratuity, pursuant to clause 19.1.2 of the contract.

In his statement of claim, Mr Soko said he was employed by RTSA as director and chief executive officer on a three-year contract effective January 4, 2013. He said after the contract expired, he continued to work for RTSA under the same terms as those in the old contract. Mr Soko said the contract provided for three months’ notice of termination, and payment of full gratuity in an event where the employment was terminated.

He said following the expiration of the contract on January 3 last year, he continued working under the same terms as those in the old contract and was subsequently appointed on RTSA’s board of directors on August 8 last year. Mr Soko said in a letter dated September 11, 2019 RTSA purported to terminate his employment effective September 12 the same year.

He claimed that due to the agency’s decision to terminate his contract, he has suffered loss and damages and is now claiming payment of monthly salaries from the date of the termination of his contract until full gratuity is paid to him. Mr Soko also wants to be offered his personal-to-holder vehicle pursuant to the agency’s conditions of service. But in defence, RTSA has denied allegations against it, arguing that Mr Soko is not entitled to any of the claims he is seeking.

“The defendant (RTSA) shall aver at trial that the board decided not to renew the plaintiff’s contract which expired on January 3, 2019 contrary to the claims by the plaintiff that his contract was terminated,” the defence reads. The agency states that it will aver at trial that Mr Soko was erroneously appointed as RTSA board member by the Ministry of Transport and Communications.

In another matter, a businessman who is jointly charged with former State House spokesperson Amos Chanda and Soko will have his passport given back to him so that he seeks medical attention abroad. This was after Lusaka chief resident magistrate Lameck Mwale ordered the Drug Enforcement Commission to release Intelligent Mobility Solutions director Walid El Nahas’ passport. This is in a case El Nahas is accused of giving US$22,000 to Chanda and Soko as an inducement to get a contract involving the installation of speed cameras.