Fired Magistrate Challenges Dismissal4 years ago
Magistrate Tawanda Muchemwa who was dismissed by the Judicial Service Commission (JSC) has approached the Labour Court challenging his dismissal.
Muchemwa was dismissed in July for misconduct after he had allegedly failed to respond to his superiors’ correspondence, failed to check registers and record movement. Muchemwa was also accused of absenting himself from duty without official leave, insubordination and failure to comply with the Chief Magistrate’s instructions.
In his notice of appeal at the Bulawayo Labour Court through his lawyer Mr Mclean Mahaso of Tanaka Law Chambers, Muchemwa said that the disciplinary hearing that presided over his matter did not present evidence to substantiate the allegations. He said:
The disciplinary authority grossly misdirected itself by holding that the appellant had failed to obey a lawful instruction from the Chief Magistrate when there was no evidence to sustain and convincingly motivate such a position. The disciplinary authority grossly misdirected itself by holding that the appellant had neglected to carry out his duties when there was no evidence to sustain such a finding.
Muchemwa contends that the ruling failed to meet the justice of the case hence the need to replace it with a written warning.
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More: The Chronicle