BULAWAYO High Court judge Justice Maphios Cheda has issued a disparaging judgment on Labour Court president Justice Selo Nare, saying he should have recused himself from dealing with a case involving TM section managers, as he was an interested party.
RICHARD MUPONDE
Justice Nare was accused of being biased in favour of TM supermarkets, which he has a business deal with.
Justice Cheda said a person placed in a position of deciding the rights of others, is disqualified if he has a bias which interferes with his impartially.
“It is as clear as day and night that Justice Nare had a pecuniary interest in respondent’s affairs,” he said. “The amounts involved are quite negligible. But it is not a question of the amount, but a pecuniary interest, which ushers in a reasonable apprehension of a real likelihood of bias.
“I detect a real likelihood of bias in this matter, which conclusion in my opinion a reasonable man cannot avoid to make.
“It is for that reason that despite all the technicalities that can be raised by respondents (TM), the inescapable and irresistible conclusion is that Justice Nare should not have presided over this dispute.”
Justice Nare had ruled in favour of TM supermarkets, suspending a ruling by an arbitrator compelling them to pay three managers their salaries and bonuses.
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The managers then sought nullification of Justice Nare’s judgment, accusing him of corruptly giving their employer favourable judgments in return for a tender to supply farm produce, including vegetables to TM.
“The allegations against Justice Nare are very serious and deserving of an urgent resolution.
“It is for that reason that in my opinion this matter invokes a need to delve into merits and the gravamen of this application and henceforth dispense with the preliminary points raised.
“It is for this reason that this matter should be dealt with hands-on without religiously looking at technicalities which will tend to further prolong its finalisation.
“The allegations of wrongdoing are being alleged against an administrator of justice and such allegations cannot be taken lightly.”
Justice Cheda said the managers produced evidence of cash sale vouchers, which bore Justice Nare’s name and that was a prima facie proof that he was engaged with TM supermarkets in some commercial activity.
Itayi Nkomo, Thembinkosi Nyathi and Khumbula Tshili are fighting their employer over unpaid bonuses of $2 390 each, awarded them on October 23 last year by an arbitrator.
The three, in March, approached the High Court seeking to nullify Justice Nare’s judgment.
