The Public Service Commission (PSC) has denied allegations of unfair dismissal by one of its former employees, Tarcicius Moyo, who was discharged three years ago.
Moyo, who was employed as a public prosecutor at Beitbridge, had his contract terminated in 2008 following his alleged refusal to be transferred to Harare.
The transfer was meant to minimise clashes between Moyo and his boss, Florence Ziyambi, over a case involving the latter’s “nephew”.
Ziyambi is the director of public prosecution in the Attorney-General’s Office.
PSC acting chairman Stephen Ngwenya made the submissions on behalf of the government body — responding to Moyo’s application to the Labour Court in Bulawayo for review of his transfer to Harare and his subsequent dismissal from the commission after he had already been stripped of his prosecution powers by Attorney-General Johannes Tomana.
“The applicant’s transfer was done in accordance with section 13 of the PSC Regulations of 2000 which provides that a member can be transferred at any given time without his consent from the post he occupies to another post in the Public Service. Member failed to obey a lawful instruction which required him to transfer from his post in Beitbridge to the same post in Harare.
This amounts to an act of misconduct under section 13 (5) of the regulations. Member’s certificate to prosecute was withheld with the instruction that he reports for duty at Harare Office, but member did not take heed of such instruction,” said Ngwenya.
“On that note it suffices to say there is no substantial evidence to support member’s claim that he was dismissed,” he said.
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The PSC, Secretary for Justice and Legal Affairs David Mangota and Tomana are cited as 1st, 2nd and 3rd respondents respectively.
Moyo argued that his transfer from Beitbridge Magistrates’ Courts to Harare head office was unlawful.
The matter is yet to be set done for hearing before the Labour Court President. David Mhiribidi is representing Moyo in the matter.
