News / National
Senior magistrate fired over O-level qualifications
18 Apr 2016 at 07:16hrs | Views
A SENIOR magistrate in Zvishavane, Joe Kabiti, who worked for 33 years without the basic five Ordinary Level subjects, has had his contract with the Judiciary Service Commission (JSC) terminated on three months' notice.
Kabiti becomes the first magistrate to be affected by the July, 2015, Supreme Court ruling stating that companies can now terminate workers' contracts at any time by giving them three months' notice.
Chief Magistrate Mishrod Guvamombe confirmed that Kabiti was going to retire as he serves his last three months. "Yes Mr Kabiti was served yesterday (last Tuesday) and the termination of his contract on retirement grounds is with effect from April 1 up to June 30. He will be paid his full salary," he said.
Kabiti's lawyer, Leopold Mudisi, said the JSC had finally regularised the matter which had spilled to the High Court. "My client was served yes and we're happy, we aren't aggrieved for JSC has regularised this issue," he said.
Kabiti was on February 19, 2015, forced to retire by the JSC after it emerged that he was not a qualified magistrate. The JSC retired him with full package and benefits, but he was contesting the decision arguing that he had not reached the retirement age.
He argued that he was employed as a presiding officer on the basis of a Community Court certificate he obtained from Domboshawa Training Centre in 1981 and his status as a war veteran.
Kabiti was given a chance to upgrade himself and acquire five O-Levels when the presiding officer's post was phased out in 2006, but he refused insisting that he should simply be elevated by virtue of him being an ex-combatant.
"Pursuant to that, I was appointed to the office by virtue of some qualifications that's being an ex-combatant . . . The war was fought and it's over. I'm an ex-combatant. I was retained for the post by virtue of such qualifications," he said at the time.
Kabiti becomes the first magistrate to be affected by the July, 2015, Supreme Court ruling stating that companies can now terminate workers' contracts at any time by giving them three months' notice.
Chief Magistrate Mishrod Guvamombe confirmed that Kabiti was going to retire as he serves his last three months. "Yes Mr Kabiti was served yesterday (last Tuesday) and the termination of his contract on retirement grounds is with effect from April 1 up to June 30. He will be paid his full salary," he said.
Kabiti's lawyer, Leopold Mudisi, said the JSC had finally regularised the matter which had spilled to the High Court. "My client was served yes and we're happy, we aren't aggrieved for JSC has regularised this issue," he said.
He argued that he was employed as a presiding officer on the basis of a Community Court certificate he obtained from Domboshawa Training Centre in 1981 and his status as a war veteran.
Kabiti was given a chance to upgrade himself and acquire five O-Levels when the presiding officer's post was phased out in 2006, but he refused insisting that he should simply be elevated by virtue of him being an ex-combatant.
"Pursuant to that, I was appointed to the office by virtue of some qualifications that's being an ex-combatant . . . The war was fought and it's over. I'm an ex-combatant. I was retained for the post by virtue of such qualifications," he said at the time.
Source - chronicle
