Heath Streak refuses to go

HARARE - Heath Streak has refused attempts by Zimbabwe Cricket (ZC) to terminate his contract as national cricket team coach claiming that the union is hiding behind a “faceless” character now at the centre of the saga.

Streak’s lawyers, who are also representing batting coach Lance Klusenser and fitness trainer Sean Bell, have noticed that none of the communication from ZC is coming from the managing director Faisal Hasnain.

“Our clients are in possession of correspondence purporting to terminate their employment contracts on notice. Particular reference is made to correspondence dated 9 April 2018 addressed to...Streak and purportedly signed on your behalf,” Streak’s lawyer Gerald Mlotshwa wrote to ZC.

“Our clients note, with bemusement, the consistent bungling, amounting to harassment, associated with the unlawful attempts to terminate their employment contracts with ZC.

“We wish to reiterate and point out that; the section 12 (4a) and 12 (4) of the ‘Labour Act’ sought to be relied upon in terminating our clients’ contracts are of no force and effect. They simply do not apply in the present circumstances.

“Any attempt to terminate our clients’ employment contracts on notice, is, for the record, also of no force and effect at law.

“Any attempt to employ any other person into the positions our clients are presently employed by ZC, and will be, patently unlawful, and also of no force and effect.

“Our clients note with concern that all correspondence directed at them from ZC is presently signed by unknown persons, purportedly on behalf of the managing director of ZC. Our clients, on the basis of our advice, do not, in addition to the grounds set forth above, accept that this faceless and nameless character, signing the said correspondence, has any lawful authority to do so from ZC’s board.

“Indeed, we hereby demand, forthwith, a copy of a resolution signed by all board members, lawfully authorising and identified human being to sign all such correspondence on behalf of the managing director.”

Streak has also threatened to sue ZC chairperson Tavengwa Mukuhlani after he claimed that the former Zimbabwe Test captain was a racist.

“Further our clients, in particular...Streak, note with concern the continued defamatory statements being churned out by ZC, in particular the union’s chairman, the latest being insinuations of racism on the part of...Streak,” Mlotshwa wrote.

“You will agree that this is absolute and unmitigated on the part of the chairman of ZC. We have advised our client of the legal consequences of these careless and mischievous utterances by the chairman. He will in fact hear from ourselves shortly in respect of his statements.”

Streak, Klusener, Bell, captain Graeme Cremer and convener of selectors Tatenda Taibu were all sacked following Zimbabwe’s failure to qualify for the 2019 ICC Cricket World Cup last month. The Zimbabwe A and Zimbabwe U19 technical departments were also sacked in the knee-jerk reaction by the ZC top brass. 

However, ZC notified all the affected coaches via a WhatApp message before backtracking on the move at the start of this week.

ZC then sent out new correspondence to Streak and company notifying them of their sacking which is now being questioned the lawyers.

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