THE legal wrangle between Attorney-General Johannes Tomana and a Beitbridge-based public prosecutor, Tarcisious Moyo, who is contesting his dismissal over his fallout with his former boss Florence Ziyambi, is now with the Labour Court.
Report by Richard Muponde
Last week, both parties agreed that judgment be passed based on submissions made to the Labour Court.
Moyo allegedly clashed with Ziyambi over a matter involving the latter’s nephew, resulting in his dismissal.
In his submission to the Labour Court, Moyo described his dismissal as unfair, adding that Tomana had acted irrationally by appointing Ziyambi to handle his grievances knowing that the pair was no longer on good talking terms.
The Public Service Commission (PSC), Justice and Legal Affairs secretary David Mangota and Tomana were cited as respondents in the matter.
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Ziyambi, who has since been appointed Deputy Attorney-General, clashed with Moyo in 2010 after the latter declined a transfer to Harare following their fallout.
Tomana immediately stripped Moyo of prosecuting authority. “Such conduct was irrational, so outrageous in its logic so that no sensible administrative authority, acting carefully and dutifully, could have set about addressing the question in the manner 3rd Respondent (Tomana) did,” said Moyo. “Such irrational decision is reviewable.”
Moyo also accused Tomana of publishing his withdrawal of power to prosecute against him to third parties in breach of the contractual regulations.
He 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 PSC after he had already been stripped of his prosecution powers by Tomana.
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, who was being accused of rape by Surprise Pembere, also employed at the hotel.