adminMashudu Netsianda Senior Court Reporter
FIRED Bulawayo High Court assistant registrar, Moses Muna, has taken the Judicial Service Commission (JSC) to court challenging his dismissal over charges of allegedly conniving with Prosper Moyo, an Assistant Sheriff, to swindle a city resident of $300.
Muna was, in a letter dated October 16, 2015 and signed by JSC secretary Justice Rita Makarau, discharged from his duties following a disciplinary hearing. He was dismissed for misconduct in terms of section 49 (10) (b) of the Judicial Service Regulations of 2015.
Muna has filed an application at the Bulawayo Labour Court citing his former employer, JSC, as the sole respondent.
In the court papers filed through his lawyer, Byron Sengweni of Mcijo, Dube and Partners, Muna said the disciplinary authority erred by convicting him on the basis of conflicting accounts by witnesses for his former employer.
“All the witnesses differed on how the receipt was brought to the Sheriff and the appearance of the paper on which the receipt was enclosed. The disciplinary authority erred by concluding that I was aware that inside the stapled bench paper which I was carrying there was a receipt when no evidence was led that I had opened it prior to my arrest,” argued Muna.
He said there was no evidence linking him to the alleged act of misconduct.
Muna, in his grounds of appeal, argued that the disciplinary authority comprised two members who were interested parties.
“The disciplinary authority erred in misleading the JSC that I had pocketed the proceeds when there’s clear evidence that I was not part of the syndicate and did not benefit,” he said.
Muna said he was a victim of circumstances.
“By having been exonerated from the criminal charges it’s proof that I was just a victim of circumstances, which the disciplinary committee erred by concluding criminal allegations on a balance of probabilities,” he argued.
Moyo, 26, and Muna, 47, appeared before Bulawayo provincial magistrate Tinashe Tashaya three months ago facing fraud charges.
Charges against Muna were, however, later withdrawn due to lack of evidence while Moyo was convicted and sentenced.
In the court papers it was stated that on August 27 this year shortly after 12 noon, Henry Mhlanga went to the Sheriff’s office in the city centre intending to collect a letter of confirmation for a house he bought at an auction.
While at the Sheriff’s offices, he met one Precious Ruzive who phoned Moyo who was out of office to come and attend to Mhlanga. Moyo directed Ruzive to inform Mhlanga that a sum of $300 was required as administration fees.
Mhlanga immediately left the offices to look for the money. The following day, Moyo contacted Muna who brought a fake Zimbabwe government receipt for Moyo to fill in.
Moyo filled in the fake receipt and wrote Mhlanga’s details before endorsing an amount of $300. He date stamped the receipt and kept it.
The court heard that on the same day, Mhlanga made his payment and was issued with the fake receipt. He, however, wasn’t satisfied with the payment he made and approached Elijah Magara who is an additional Sheriff of the High Court in order to verify the payment.
Upon analysing the receipt and payment, Magara discovered that the amount was not due and that the receipt was fake. He alerted detectives based at the CID Fraud section.
Moyo was allegedly cornered by the detectives at the Office of the Deputy Sherriff when Magara called him into his office and confronted him about the payment and receipt. Moyo surrendered the money and receipt without noticing the presence of detectives who immediately arrested him.
The court heard that upon being questioned about the origins of the fake receipts, Moyo implicated Muna as the source.
He immediately called Muna to bring another blank receipt purporting that he had another client.
Muna came in with another fake receipt and was arrested as well. He was questioned and led detectives to his office located at the High Court where a bunch of fake receipts was recovered in a khaki envelope hidden at the bottom of his drawer.
The JSC, through the Civil Division of the Attorney-General’s office, has been given up to December 28 to file opposing papers.
Online Reporter