HARARE – The Supreme Court has delivered a decisive blow to former Zimbabwe Revenue Authority (ZIMRA) employee Stanford Sithole, effectively ending his legal battle against dismissal for circulating pornographic material using his official email account. The ruling, handed down last week on Wednesday, has overturned previous decisions by the Labour Court and the National Employment Council’s Designated Agent (DA), both of which had initially sided with Sithole.
Justice Alfas Chitakunye, in delivering the Supreme Court’s judgment, stated with “razor-sharp clarity” that “the evidence clearly established that the offending emails were found in the respondent’s account, and his claims of hacking remained mere speculation.” The court’s firm stance underscores the importance of accountability for online actions within the corporate sphere.
The case, which dates back to 2010, began when ZIMRA’s ICT division stumbled upon a disturbing trend while investigating sluggish internet speeds. The team discovered that employees were using their corporate email accounts to distribute pornographic material, causing the system to become clogged with obscene content.
Among those implicated was Sithole, whose email account was traced to 13 inappropriate emails. He was subsequently suspended in January 2011.
Sithole vehemently denied the allegations, claiming that ZIMRA management had fabricated evidence in an attempt to stifle his union activism. However, ZIMRA’s witness testimony presented a contrasting narrative.
Mr Mazhindu, the ICT Manager, testified that Sithole’s account had been securely archived in tamper-proof PST files, effectively dismissing any possibility of hacking. He further highlighted ZIMRA’s stringent password protocols, arguing that they made unauthorised access virtually impossible. The court noted that Sithole failed to explain why he had not noticed any suspicious activity in his account during the nine months in which the emails were sent.
Initially, Sithole found some reprieve when the DA acquitted him, suggesting that a third party could have sent the emails. The Labour Court upheld this decision, ruling that ZIMRA had not proven its case beyond reasonable doubt.
However, ZIMRA’s persistence led them to the Supreme Court, where the narrative took a dramatic turn. In a scathing rebuke, Justice Chitakunye criticised the lower courts for applying the wrong standard of proof.
“Labour disputes require proof on a balance of probabilities, not beyond a reasonable doubt,” he emphasised, effectively dismantling Sithole’s defence. The court ruled that ZIMRA had provided sufficient evidence to prove that its version of events was the most probable.
Justice Chitakunye’s judgment was both decisive and unyielding. He dismissed the argument that the absence of the physical computer Sithole used in 2010 was relevant to the case.
“Access to an email account is determined by the user’s password, not the physical computer,” he stated.
The court also dismissed Sithole’s claims of victimisation, noting that other employees, unconnected to union activities, had been similarly dismissed for the same misconduct.
In a final blow to Sithole, the Supreme Court reinstated his dismissal, effective from the date of his suspension, and ordered him to pay costs.
The ruling serves as a potent reminder of the dangers of misusing corporate resources and underscores the importance of robust cybersecurity measures for both employers and employees. It sends a clear message that, in the digital age, accountability for one’s online actions is non-negotiable.
Justice Chitakunye’s closing remarks serve as a cautionary warning to professionals everywhere: “The employer is only required to show that its version of events is more probable than the employee’s.”
The case serves as a potent reminder of the perils of misusing corporate resources. It also underscores the importance of robust cybersecurity measures, both for employers and employees.
Follow @MyZimbabweNews
