Judge’s vegetables case takes new twist

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Justice Selo Nare has denied having a vegetable business link with TM Supermarkets Justice Maphios Cheda of issuing a damaging judgment against him.

BULAWAYO Labour Court President judge Justice Selo Nare has denied having a vegetable business link with TM Supermarkets and accused former Bulawayo High Court judge Justice Maphios Cheda of issuing a damaging judgment against him without giving him the right of reply to allegations as required by the law.

RICHARD MUPONDE SENIOR COURT REPORTER

Justice Cheda issued a disparaging judgment on Justice Nare in July saying he should have recused himself from hearing the case of three TM section managers fighting against their employer, because he was biased.

Justice Nare was accused of being biased in favour of TM Supermarkets on allegations he had a deal to supply vegetables to the retail outlet.

However, in his application for rescission of the judgment before the Bulawayo High Court, Justice Nare said Justice Cheda erred in his judgment.

“Solid findings of wrongdoing were made against me by the honourable Justice Cheda,” Justice Nare said. “These were the basis of the order made.

“Such findings have the effect of damaging and attacking my reputation and integrity as a judicial officer and casting aspersions on my ability to impartially discharge the judicial function.”

Three section managers — Itayi Nkomo, Thembinkosi Nyathi and Khumbula Tshili and TM Supermarkets — were cited as first and second respondents respectively.

Justice Nare denied owning a vegetable business saying it was being run by his wife.

“The cash sale vouchers referred to showed three deliveries to branches of the second respondent that were not involved in the litigation, namely Bradfield and Southwold branches,” he said.

“The branch involved is Lobengula Street. I simply made the deliveries on behalf of my wife, who was away and those were the only deliveries I ever made.”

However, section managers have opposed Justice Nare’s application arguing that Justice Cheda exercised his duties professionally without fear or favour using basic facts on the ground.

They said they managed to produce proof of the allegations against Justice Nare by showing original copies of the TM cash payment vouchers which bear his name.

The three said there were so many TM payment vouchers that were at TM Southwold which bear his name and accused Justice Nare of trying to protect his customer (TM) or his wife’s customer as he prefers to refer to the outlet.

In his initial ruling, Justice Cheda said the managers produced evidence of cash sale vouchers which bore Justice Nare’s name and that was prima facie proof he was engaged with TM Supermarkets in some commercial activity.

Nkomo, Nyathi and Tshili are fighting their employer over unpaid bonuses of $2 390 each awarded to them on October 23 last year by an independent arbitrator.