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High Court reinstates expelled prosecutor
01 Nov 2017 at 13:25hrs | Views
HIGH Court judge Martin Makonese yesterday hammered the National Prosecuting Authority (NPA) for giving little respect to the court before dismissing its application for rescission of judgment ordering the re-instatement of a fired prosecutor.
Makonese had no kind words for the NPA which he accused of being in contempt court for blocking the re-instatement of Patrobs Dube.
Dube was sacked in 2011 alongside other prosecutors, Leopold Mudisi, Dereck Charamba, Mehluli Tshuma and Musekiwa Mbanje by former Prosecutor-General Johannes Tomana, for leading a strike over better working conditions.
His lawyers - Calderwood, Bryce Hendrie and Partners - had obtained various court orders which the NPA ignored.
Instead, the NPA applied for rescission of judgment at the High Court.
"The respondent (Dube) was declared by this court to be an employee of the NPA but ... ignored the order and proceeded as if the order is nothing but a piece of paper.
"The applicant (NPA) has refused to comply with the order and has not bothered to seek the suspension of the terms of the order pending the determination of this application for rescission of judgment.
"The applicant is prima facie guilty of contempt of court for failure to comply with an order of this court," Makonese ruled yesterday.
Makonese said it was surprising that the NPA had approached the same court seeking relief to rescind the default judgment yet the law was clear that the party who is in contempt of court is now allowed audience until he has purged his contempt.
He accused the NPA for handling the matter in a "very cavalier fashion."
"I am satisfied that the court was correct in its declaration that the respondent is an employee of the NPA.
"The underlying principle therefore is that the applicant has not been candid and bona fide in its application, the court will be reluctant to grant an application rescission of judgment particularly where there are no prospects of success.
"For the foregoing reasons the application of rescission of judgment has no merit (and) is hereby dismissed with costs," Makonese ruled.
Makonese had no kind words for the NPA which he accused of being in contempt court for blocking the re-instatement of Patrobs Dube.
Dube was sacked in 2011 alongside other prosecutors, Leopold Mudisi, Dereck Charamba, Mehluli Tshuma and Musekiwa Mbanje by former Prosecutor-General Johannes Tomana, for leading a strike over better working conditions.
His lawyers - Calderwood, Bryce Hendrie and Partners - had obtained various court orders which the NPA ignored.
Instead, the NPA applied for rescission of judgment at the High Court.
"The respondent (Dube) was declared by this court to be an employee of the NPA but ... ignored the order and proceeded as if the order is nothing but a piece of paper.
"The applicant (NPA) has refused to comply with the order and has not bothered to seek the suspension of the terms of the order pending the determination of this application for rescission of judgment.
"The applicant is prima facie guilty of contempt of court for failure to comply with an order of this court," Makonese ruled yesterday.
Makonese said it was surprising that the NPA had approached the same court seeking relief to rescind the default judgment yet the law was clear that the party who is in contempt of court is now allowed audience until he has purged his contempt.
He accused the NPA for handling the matter in a "very cavalier fashion."
"I am satisfied that the court was correct in its declaration that the respondent is an employee of the NPA.
"The underlying principle therefore is that the applicant has not been candid and bona fide in its application, the court will be reluctant to grant an application rescission of judgment particularly where there are no prospects of success.
"For the foregoing reasons the application of rescission of judgment has no merit (and) is hereby dismissed with costs," Makonese ruled.
Source - dailynews
