FORMER prosecutor Patrobs Dube, who was fired by former Prosecutor-General (PG) Johannes Tomana for leading a strike over poor working conditions, will have another day in court in his quest to seek reinstatement after his matter was finally set down for October 17 this year, six years after it was filed.
BY SILAS NKALA
The setting down of the matter came about after Dube recently approached the High Court demanding finalisation of the case. Dube was fired in November 2011 alongside other prosecutors, Leopold Mudisi, Dereck Charamba, Mehluli Tshuma and Musekiwa Mbanje. Following their dismissal, he filed a Labour Court application challenging his dismissal. The court ruled in his favour and ordered his reinstatement without loss of salary and benefits.
However, on realising that his employer was reluctant to reinstate or pay him, Dube approached the High Court seeking an order compelling his new bosses, the National Prosecuting Authority (NPA), to reinstate him, but both the NPA and his former bosses did not file responses to his application, prompting High Court judge Justice Francis Bere to grant a default judgment ordering his reinstatement.
The judgment prompted NPA to file an application for rescission of Justice Bere’s default judgment, citing technical variances as the reasons for not responding to Dube’s application.
But since that application was filed last year, the matter has not been set-down for hearing, prompting Dube to approach the Bulawayo High Court Registrar, Civil Division, to register his displeasure and the matter was eventually set down for hearing.
