No joy for fired ZPCS officer

Nyore Madzianike Manicaland Bureau
MISFORTUNE continues trailing a former senior Zimbabwe Prisons and Correctional Services (ZPCS) officer, who was fired in 2015 for misconduct, after his application to have his matter reviewed was dismissed by the Mutare High Court.

Reuben Zimondi, who was a commissioned superintendent with ZPCS, wanted the court to hear his case and reverse the dismissal, arguing that he was wrongfully discharged from work.

He was dismissed from work after he allegedly uttered despicable words against former First Lady Grace Mugabe while he was in the Officers’ Mess at Mutare Farm Prison.

Zimondi’s alleged utterances resulted in his dismissal from employment following a disciplinary hearing in 2015.

Irked by his former employer’s decision, Zimondi took the matter to ZPCS Commissioner Paradzai Zimondi for review.

The ZPCS Commissioner however, confirmed Zimondi’s dismissal.

Zimondi then took the matter further to the Public Service Commission (PSC) which refused to entertain his matter, saying it had no jurisdiction over such cases.

He, however, insisted that the PSC had jurisdiction to preside over his matter and made another application to the High Court.

Mutare High Court judge Justice Isaac Muzenda noted that the PSC was a separate legal entity to the ZPCS and had no jurisdiction to determine his appeal.

Justice Muzenda also noted that the secretary to Public Service Commission also acts as the secretary to the Prisons and Correctional Services meaning it was wrongfully cited.

“Further the first respondent (The Secretary Public Service Commission) does not deal with appeals in her official capacity and as such she is incorrectly cited,” said justice Muzenda in his judgment.

“The applicant improperly cited the Secretary as the first respondent instead of citing the Public Service Commission.

“That was a fundamental error and the preliminary point finds favour with the court and accordingly the point in limine is upheld and the application is dismissed with costs,” said justice Muzenda.