High Court reserves judgment on Zanu PF's DJ Masomere case

The High Court has reserved judgment in an application filed by Harare Ward 24 councillor Danford Ngadziore seeking an order compelling the dismissal of popular Zanu PF member and presidential master of ceremonies David Jani Masomere from the public service over his alleged political activities.

Justice Christopher Dube-Banda reserved judgment after hearing arguments on July 6, indicating that the parties would be notified once the ruling is ready.

Ngadziore approached the High Court in terms of Section 85(1)(a) of the Constitution, read together with Section 14 of the High Court Act, seeking a declaration that Masomere, popularly known as DJ weSADC and a teacher at Ndarama High School, violated Section 200(3) of the Constitution by publicly campaigning for Zanu PF during the 2023 harmonised elections.

He argued that members of the public service are constitutionally required to remain politically impartial in the discharge of their duties. Ngadziore is also seeking an interdict barring Masomere from engaging in similar political activities while serving as a public servant.

Representing Ngadziore, lawyer Obey Chitowamombe said the application raised important constitutional issues and expressed confidence that the court would rule in his client's favour.

"We have presented a compelling argument and believe we are in the rightful position. Although the applicant acted in his own capacity, his locus standi extends to protecting the broader public interest," Chitowamombe said.

Masomere, represented by Advocate Tatenda Nyoka, opposed the application, arguing that Ngadziore should first have referred the complaint to the Public Service Commission and the Ministry of Primary and Secondary Education, the bodies responsible for investigating alleged misconduct by public servants.

The defence also challenged the evidence relied upon by the applicant, arguing that screenshots from the social media platform X and a newspaper article had not been authenticated through supporting affidavits.

Masomere's legal team further questioned Ngadziore's legal standing, describing him as a "busybody" attempting to draw the court into a matter without identifying whose constitutional rights had allegedly been infringed.

Nyoka also argued that while the Constitution bars certain public officers from holding political office, it does not deprive them of their constitutional rights to participate in political activities.

According to the defence, the Public Service Act permits teachers to engage in politics provided such activities take place outside working hours or school premises and do not interfere with their official duties or the welfare of learners.

Representing the Public Service Commission, Tinomuda Shoko also opposed the application, arguing that Ngadziore had failed to exhaust available administrative remedies before approaching the High Court.

Speaking after the hearing, Masomere described the application as politically motivated.

"This is politics at play because the applicant is an opposition leader who is just poking worms for no reason," he said.

Masomere said his teaching record remained exemplary, noting that his school's pass rate has consistently stood at 100 percent. He maintained that any political activities he undertook were conducted during his off days or while on leave and had never interfered with his professional responsibilities.

The High Court is expected to deliver its judgment at a later date.