BULAWAYO President of the Labour Court, Mary Moya-Matshanga, has recused herself from dealing with the legal fight between Attorney-General (AG) Johannes Tomana and a Beitbridge prosecutor Tarcisisious Moyo, who is fighting his dismissal following a fallout with his former boss Florence Ziyambi. Report by Richard Muponde Senior Court Reporter
Moya-Matshanga said she could not deal with the matter as she was once Moyo’s immediate boss as a Chief Law Officer in the AG’s Office.
The development has thrown the matter into disarray as it was awaiting judgment after Tomana and Moyo had both agreed that judgment be passed using papers which both sides had filed before the court.
The matter will now be brought before another Labour Court president for finalisation.
Ziyambi and Moyo allegedly clashed over a case involving the former’s nephew.
Moyo filed his heads of argument in which he described Tomana’s handling of the matter as irrational.
He said Tomana was irrational by referring his grievances to Ziyambi who was allegedly victimising Moyo.
Ziyambi is former director of public prosecutions in the AG’s Office and now deputy AG.
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
She had transferred Moyo from Beitbridge to Harare after their alleged fallout, but he refused arguing that the transfer was unlawful.
He also accused Tomana of publishing his withdrawal of power to prosecute against him to third parties in breach of the contractual regulations.
Moyo, 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 and his subsequent dismissal by the Public Service Commission after he had already been stripped of his prosecution powers by Tomana.
He described the action taken against him as “constructive dismissal”.
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.
Pembere, whom Moyo said he later discovered was Ziyambi’s nephew, worked as a buyer at the hotel and was being investigated by Tsatsa.
