THE matter between former Beitbridge prosecutor Tarcisious Moyo and Attorney-General Johannes Tomana is still hanging, as the record is gathering dust at the Labour Court, awaiting judgment since November last year.
Moyo confirmed the development yesterday.
“Last time when I followed the record, the other judge had recused herself from the mater saying we worked together,” he said. “I was supposed to have received the judgment in November. The record is lying around at the court and has not been allocated to another judge.”
Moyo said he had expected the judgment to have been handed down or at least the matter transferred to either Harare or Gweru, if local judges feared there could be a conflict of interest.
The former prosecutor is fighting dismissal after falling out with his former boss Florence Ziyambi, then Public Prosecution Director, and now Deputy Attorney-General.
Ziyambi and Moyo allegedly clashed over a case involving the former’s nephew.
Moyo, in his heads of argument, described Tomana’s handling of the matter as irrational. He said Tomana was irrational by referring his grievances to Ziyambi who was allegedly victimising him.
The Public Service Commission, the Justice and Legal Affairs secretary David Mangota and Tomana are cited as first, second and third respondents respectively, in the matter which is before the Labour Court. Ziyambi had transferred Moyo from Beitbridge to her office in Harare. After their alleged fallout he refused arguing that the transfer was unlawful.
Tomana then went on to withdraw Moyo’s prosecuting authority. Moyo described Tomana’s action against him as “constructive dismissal”.
In his affidavit, Moyo said the fallout with Ziyambi emanated from a case he received in 2007 where Surprise Pembere was accused of raping a colleague’s daughter.