MAGISTRATE ASSOCIATION LEADERS LOSE SUPREME COURT CASE

THE Supreme Court has upheld the conviction of Magistrates’ Association of Zimbabwe chairperson Ignatio Kudakwashe Mhene and secretary general Ndumo Masuku following disciplinary charges emanating from a misconduct which arose after they unlawfully communicated through the press without clearance from the Judicial Service Commission, their employer.

The ruling followed an appeal by the Judicial Service Commission (JSC) against the Labour Court ruling setting aside its decision to sanction Mhene and Masuku over their conduct.

The Labour Court had found nothing wrong with MAZ issuing press statements, saying it was not bound by the circulars issued by the chief magistrates’ office that employees required clearance from the authorities to communicate with the press.

But the Supreme Court allowed the appeal by the JSC finding that circulars by the chief magistrates were binding upon the two and had to be followed by all staff members.

“The respondents (Mhene and Masuku) could not do anything which was not part of their condition of service under the cover of the association,” said Deputy Chief Justice Elizabeth Gwaunza granting the appeal by JSC.

She said the Labour Court erred in finding that the acts of MAZ could not be attributed to Mhene and Masuku in their individual capacity. Herald

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