adminhave taken the Attorney General Mr Johannes Tomana to court seeking restoration of their practising papers.
The five, Leopold Mudisi, Dereck Charamba, Musekiwa Mbanje, Patrobs Dube and Mehluli Tshuma, argue that the AG was not their employer and his actions were tantamount to a dismissal from work.
In an urgent chamber application that is yet to be set down for hearing at the High Court, Mr Tomana, his deputy Mrs Florence Ziyambi and acting director of public prosecution Mr Tawanda Zvekare were listed as respondents.
Through their lawyer, Ms Beatrice Mtetwa of Mtetwa and Nyambirai, the five are seeking restoration to their full positions with full powers to execute their duties like before without the AG’s interference.
Ziloa chairperson Mr Leopold Mudisi deposed an affidavit on behalf of other affected members of the executive.
The other affected members are the association Vice-Chairperson Mr Patrobs Dube, secretary general Mr Dereck Charamba and the treasurer Mr Mehluli Ncube.
Mr Tomana in November withdrew certificates in respect of the five after they failed to respond to some allegations of unbecoming behaviour linked to a strike by members of their association last month over salaries and benefits.
The five claim the November 3 letter served on them by Mrs Ziyambi had an effect of withdrawing the prosecuting authority.
Mrs Ziyambi, the five claim verbally barred them from conducting any criminal prosecutions, touching dockets and not to use any equipment belonging to the AG’s office.
They were also directed to vacate the offices they occupied and hand over the keys to Mrs Ziyambi.
“As is clear from both the written communication of November 3, 2011 and the accompanying oral instruction, the respondents have in effect, constructively dismissed me from my job despite the fact that they are neither my employer nor the designated disciplinary authority.
“As a result of the respondent’s actions, I have been unable to perform my duties as a prosecutor and the demand for my office keys effectively means that I am being excluded from my workplace, which I contend constitutes an unlawful lockout translating into termination of contract of employment,” he said.
Mr Mudisi said the “termination of employment” was done without any due process of the law and that it was done after he merely represented the interests of the Ziloa members in accordance with his mandate as Ziloa chairperson.
At law, Mr Mudisi said, workers’ representatives should not be victimised for carrying out their duties as elected worker representatives.
He argues that the actions by the AG had an effect of trying to intimidate the Ziloa membership into abandoning their labour rights.
“The respondents have in effect, become judge, jury and executioner in a cause that is not theirs as we are employees of the Public Service Commission.
“The respondents have taken the law into their own hands,” Mr Mudisi said.
The AG could not be reached for comments.
Their response is likely to be filed at the High Court soon.
Online Reporter