The Sunday News
Richard Muponde
PROSECUTOR-GENERAL Mr Johannes Tomana risks another legal minefield for defying two court orders, one of them from the Supreme Court ordering him to reinstate former prosecutors whose practicing certificates were withdrawn for going on strike.
Mr Tomana recently had to comply with a Constitutional Court judgment to issue out certificates allowing the private prosecution of Jane Mutasa, Munyaradzi Kereke and Vivek Solanki on various charges in order to avoid a 30-day jail term for defying the court.
In the recent case, Mr Tomana, who was Attorney-General, withdrew five Zimbabwe Law Officers’ Association executive members’ practicing certificates accusing them of engaging in an illegal industrial action four years ago.
The five are Patrobs Dube, Leopold Mudisi, Dereck Charamba, Musekiwa Mbanje and Mehluli Tshuma. The five then approached the Labour Court in Harare challenging their dismissal and the matter is still pending. However, Mr Dube later withdrew his court process in the Labour Court in Harare leaving the other four pursuing it. He individually filed the matter afresh at the Bulawayo Labour Court challenging his dismissal and Labour Court president Justice Evangelista Kabasa ruled in his favour.
“In the result I make the following order: The appeal is upheld. The Appellant (Dube) is to be reinstated to his employment without loss or salary and benefits. In the event that reinstatement is no longer possible. The Appellant is to be paid damages in lieu of reinstatement. The parties should agree on the quantum of damages, if they fail to agree, they are to approach the court for quantification,” ruled Justice Kabasa.
However, with the advice of Mr Tomana’s office as AG, the Civil Service Commission refused to reinstate Mr Dube and instead tried three times in the Labour Court to reverse the judgment in his favour without success. The commission then approached the Bulawayo High Court seeking a review of Justice Kabasa’s order, accusing her of bias albeit without purging contempt of court by defying the order to reinstate Mr Dube. The matter is going to be heard before Justice Nokuthula Moyo on 27 November.
Harare High Court judge Justice Ben Hlatshwayo had in March 2012 ordered Mr Tomana then as Attorney General to reinstate the five’s practicing certificates. The Supreme Court bench of deputy chief Justice Luke Malaba, sitting with justices Paddington Garwe, and Bharat Patel in July dismissed Mr Tomana’s appeal and ordered him to reinstate the practicing certificates.
Contacted for comment on the plight of their association members, the organisation’s secretary-general, Mr Dereck Charamba had no kind words for Mr Tomana.
“It’s apparently clear that Tomana has no respect of the courts of the land. It is also crystal clear that the Civil Service Commission disregard the Labour Court order to reinstate Patrobs Dube acting on the advice of Tomana, the Attorney General as he then was. The Commission is suffering the consequences of contaminated legal advice,” said Mr Charamba.
