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Tomana, prosecutor case set for hearing

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THE case between Attorney-General Johannes Tomana and a Beitbridge prosecutor, Tarcisisious Moyo, who is fighting his dismissal after a fallout with his former boss Florence Ziyambi, has been set down for hearing on November 27.

BY OUR SENIOR COURT REPORTER

Ziyambi and Moyo allegedly clashed over a case involving the former’s nephew.

Moyo has since filed his heads of argument where he described Tomana’s handling of the matter as irrational.

He said Tomana was irrational by referring his grievances to Ziyambi whom he was involved in power politics and had sour personal relations with.

The Public Service Commission (PSC), Secretary for Justice and Legal Affairs David Mangota and Tomana are cited as the 1st, 2nd and 3rd respondents respectively in the matter, which is before the Labour Court.

Ziyambi is the former director of public prosecutions in the Attorney-General’s Office and now Deputy Attorney-General.

She transferred Moyo from Beitbridge to her office in Harare after their alleged fallout, but he refused to be transferred arguing that the move was unlawful.

However, Tomana reacted by withdrawing Moyo’s prosecuting authority.

Moyo accused Tomana of publishing his withdrawal of the authority in breach of the contractual regulations.

The former prosecutor, who was based at Beitbridge Magistrates’ Courts, filed his case at the Labour Court in April last year seeking a review of his transfer to Harare.

He also challenged his subsequent dismissal by the PSC as he had already been stripped of his prosecution powers by Tomana.
He described the action taken against him as “constructive dismissal”.

However, the PSC in its notice of opposition said Moyo had no case as he refused to be transferred for fear of being discharged and now claimed to have been discharged.

In his affidavit, Moyo said his fallout with Ziyambi emanated from a case he received in 2007 between the State and Clemence Tsatsa, who worked as a night auditor at Holiday Inn in Beitbridge.

Tsatsa was being accused of rape by Surprise Pembere who was also employed at the same hotel.

Moyo who says Pembere is Ziyambi’s nephew worked as a buyer at the hotel and was being investigated by Tsatsa.

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