Zimbabwe Prosecutor General faces possible jail time

Zimbabwe's Prosecutor-General, Loice Matanda Moyo, is facing the prospect of jail time after a former prosecutor, Patrobs Dube, accused her office of defying a court order to reinstate him. Dube, who was dismissed in 2011 for allegedly instigating an industrial action by public prosecutors, has now filed for contempt of court after years of failed attempts to regain his position.

Dube, alongside his colleagues Leopold Mudisi, Dereck Charamba, Mehluli Tshuma, and Musekiwa Mbanje, was dismissed by the late former Prosecutor-General Johannes Tomana following the 2011 strike over poor working conditions. Dube took the matter to court, and in 2018, Bulawayo High Court Judge Martin Makonese ruled in his favor, ordering that he be reinstated to his position.

However, despite the ruling, the subsequent Prosecutor-Generals, Ray Goba and Kumbirai Hodzi, refused to comply with the order. Now, with Matanda Moyo at the helm, the matter has resurfaced, and Dube is seeking legal redress through a contempt of court application.

The Zimbabwe Lawyers for Human Rights (ZLHR), representing Dube, revealed that the contempt of court case failed to proceed on July 17 due to the unavailability of lead lawyers from both parties. In August 2023, ZLHR sent a letter to the Prosecutor-General, urging her office to settle the matter out of court and facilitate Dube's reinstatement to the National Prosecuting Authority (NPA).

In the letter, ZLHR noted that Dube had expressed a willingness to waive litigation costs if the Prosecutor-General agreed to comply with the court order and reinstate him. The letter also warned Matanda Moyo of the personal legal ramifications she could face, including the possibility of jail time, should the court rule in Dube's favor.

As part of his application, Dube is seeking that the Prosecutor-General be held in contempt of court and committed to 30 days of imprisonment, with the term suspended on the condition that the office complies with the High Court's 2018 order. He is also requesting that the Prosecutor-General be barred from practicing as a legal practitioner in Zimbabwe if she continues to defy the court's directive.

In his affidavit, Dube outlined the legal battles he has faced since his dismissal. After being accused of inciting the 2011 industrial action, Dube challenged the decision in various courts, including the Labour Court and the Supreme Court, which ultimately ruled in his favor. Despite this, his efforts to return to work have been thwarted on multiple occasions.

Dube's legal troubles began after the Attorney-General withdrew his authority to prosecute, along with that of his colleagues, following the strike. The Labour Court and the Supreme Court both ordered his reinstatement, but despite these rulings, Dube was repeatedly turned away when he attempted to return to his post.

In 2016, Dube's lawyers received a letter from the Attorney-General's office committing to his reinstatement, but this promise was never fulfilled. Instead, the NPA filed an application to rescind the 2016 judgment, which was dismissed by the court. In 2017, the NPA attempted another appeal, but it was also rejected, leaving Dube with no other recourse but to file for contempt of court.

This ongoing legal dispute has now placed the Prosecutor-General's office in a precarious position. Should the court rule in Dube's favor, Matanda Moyo and her office could face significant legal consequences, including the possibility of imprisonment and professional sanctions.