THE Labour Court in Bulawayo has dispatched letters to law firms and the corporate world in the city seeking donations to finance a farewell party for Labour Court president Justice Selo Nare who is retiring at the end of December. MTHANDAZO NYONI OWN CORRESPONDENT
This has riled most legal practitioners who feel this could compromise the justice delivery system.
According to a letter sent to all law firms in the city, a copy of which Southern Eye is in possession of, a record of who has contributed would be kept at the Labour Court.
The letter bearing the Labour Court date stamp of October 29 reads: “Request for donations to host farewell party for Justice S Nare: Labour Court Bulawayo.
“The above subject matter refers. This office is kindly looking for donations to host a colourful farewell party for Justice Nare who will be retiring from service with effect from after duty on 27th November 2013. Donations to be forwarded to office 212 before or on the 25th November and entered in a donation register which is to be administered by Mrs C Gova.”
However, lawyers who spoke to Southern Eye said this set a bad precedent and they expressed fears that law firms that do not donate to Justice Nare’s farewell party could find themselves being victimised since a record would be kept at the court.
“We should not forget that Justice Nare is not going for good. He would be coming back to hear cases pending before him and deliver judgments in other cases which our law firms will be representing employees,” said a lawyer with a prominent city law firm.
“If the donations are being solicited from companies some of which could be fighting with employees in the same court, do you think justice will be served?
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
“We are not sure who came up with that idea. To us it’s an unwise idea and we just wonder whether the Judicial Service Commission gave them the green light to do so,” said a lawyer.
Another lawyer said: “It is obvious that some law firms will not donate. So those who would not have donated towards this party will be viewed as uncooperative.
“It has the potential to compromise justice delivery as the list would be administered by the judiciary. They will get to know who has donated and who has not.”
However, prominent city lawyer Matshobana Ncube said the donation would not compromise justice delivery in any way as it was the norm in the legal fraternity that if one of them retires they hold such celebrations.
“It is a normal thing which happens every time when one of their members in the legal fraternity retires. There is nothing wrong,” Ncube said. “There is a committee which organises such programmes and the contributions will not be abused by anyone.”
Justice Nare is currently embroiled in a legal row with three TM Supermarkets section managers who accused him of being involved in a vegetable deal with their employer.
Itayi Nkomo, Thembinkosi Nyathi and Khumbula Tshili, who are fighting TM Supermarkets over unpaid bonuses in court, claimed Justice Nare ruled in favour of their employer because of his links with TM whereby he supplies them fresh vegetables from his farm.
Justice Nare has denied having a vegetable business link with TM supermarkets and accused Justice Maphios Cheda of issuing a damaging judgment against him without giving him the right to reply to the allegations as is required by the law.
In July, Justice Cheda issued a disparaging judgment on Justice Nare saying he should have recused himself from handling the case of the three TM section managers because he was biased.
