Wednesday, 5 June 2019

ACQUITTED MAGISTRATE FIGHTS TRANSFER


ESIGODINI resident magistrate Mr Tawanda Muchemwa has approached the High Court challenging a decision by his employer, the Judicial Service Commission (JSC) and his superiors to transfer him to Rusape in Manicaland.

Mr Muchemwa, through his lawyers Tanaka Law Chambers, filed an urgent chamber application at the Bulawayo High Court seeking a stay of execution of his imminent transfer.

In papers before the court, he cited the JSC, its acting secretary Mr Walter Chikwana and the acting chief magistrate, Mr Munamato Mutevedzi as respondents. 

Mr Muchemwa wants an order suspending his transfer to Rusape magistrate’s court pending the determination of his application for review.

In his founding affidavit, Mr Muchemwa, whose suspension was lifted soon after he was acquitted of assaulting and kidnapping his maid, said his transfer also translated to a demotion.

Mr Muchemwa was said to have assaulted his maid, Ms Shaymore Musendekwa (20), at the instigation of his wife last year.

However, last month, Harare regional magistrate Mrs Lucie-Anne Mungwari, sitting at the Tredgold Magistrates’ court in Bulawayo, acquitted him following his application for discharge at the close of the State case. 

“On May 24, 2019, a day after my acquittal, the third respondent (Mr Mutevedzi) advised me that I had been transferred from Esigodini in Matabeleland South where I am the resident magistrate to Rusape magistrate’s court in Manicaland where I will be an ordinary magistrate. The transfer is wrongful and inappropriate as it is tantamount to a demotion disguised under the cover of a transfer,” he said.

Mr Muchemwa said the decision to transfer him is being implemented without any disciplinary proceedings being held against him.

“The transfer did not take into account the personal circumstances given that I have just enrolled at the National University of Science and Technology (Nust) where I am studying a Masters of Business Administration degree. It is trite to mention that the transfer, which was unilaterally and arbitrarily implemented, stands to jeopardise my studies now at the final stages,” he said.

Mr Muchemwa argued that his transfer was contrary to the rules of fair justice. Chronicle

0 comments:

Post a Comment