News / National
Ex-prosecutor boss seeks Ziyambi intervention
18 Mar 2019 at 02:52hrs | Views
FORMER prosecutor-in-charge of Bulawayo regional courts, Patrobs Dube has written to Justice minister Ziyambi Ziyambi seeking his intervention in his seven-year-old labour dispute with the National Prosecuting Authority (NPA).
Dube, together with other prosecutors, Leopold Mudisi, Dereck Charamba, Mehluli Tshuma and Musekiwa Mbanje, were fired by former Prosecutor-General Johannes Tomana in November 2011 for allegedly leading an industrial action against poor working conditions.
However, Dube approached the Labour court and won his case.
Last year, Bulawayo High Court judge Justice Martin Makonese ordered that Dube be re-instated, but the then PG Ray Goba declined to comply with the order.
Goba's successor, Kumbirai Hodzi, has allegedly refused to reinstate Dube and is reportedly in contempt of the court and the country's Constitution as read in section 164 (3) which states: "An order or decision of a court binds the State and all persons and governmental institutions and agencies to which it applies, and must be obeyed by them."
Faced with the dilemma, Dube on Friday last week, wrote to Ziyambi seeking his intervention.
"I confirm that I petitioned you and sought your indulgence in this protracted labour dispute stretching seven years, and in which various orders from the Labour Court, High Court and Supreme Court ordering my reinstatement to my post as a public prosecutor have been disregarded and disobeyed by government functionaries.
'Although I am cognisant of the autonomy of the NPA as a constitutional body which has the mandate to run its affairs independently, I am aware that you are authorised subject, of course, to the Constitution and in terms of Section 14 of the NPA Act to give directions of a general character on policy issues," Dube's letter read.
He prayed that Ziyambi looks into his matter and find recourse in a timeframe set by the minister.
Ziyambi is yet to respond to his petition.
Dube, together with other prosecutors, Leopold Mudisi, Dereck Charamba, Mehluli Tshuma and Musekiwa Mbanje, were fired by former Prosecutor-General Johannes Tomana in November 2011 for allegedly leading an industrial action against poor working conditions.
However, Dube approached the Labour court and won his case.
Last year, Bulawayo High Court judge Justice Martin Makonese ordered that Dube be re-instated, but the then PG Ray Goba declined to comply with the order.
Goba's successor, Kumbirai Hodzi, has allegedly refused to reinstate Dube and is reportedly in contempt of the court and the country's Constitution as read in section 164 (3) which states: "An order or decision of a court binds the State and all persons and governmental institutions and agencies to which it applies, and must be obeyed by them."
"I confirm that I petitioned you and sought your indulgence in this protracted labour dispute stretching seven years, and in which various orders from the Labour Court, High Court and Supreme Court ordering my reinstatement to my post as a public prosecutor have been disregarded and disobeyed by government functionaries.
'Although I am cognisant of the autonomy of the NPA as a constitutional body which has the mandate to run its affairs independently, I am aware that you are authorised subject, of course, to the Constitution and in terms of Section 14 of the NPA Act to give directions of a general character on policy issues," Dube's letter read.
He prayed that Ziyambi looks into his matter and find recourse in a timeframe set by the minister.
Ziyambi is yet to respond to his petition.
Source - newsday
