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Mashudu Netsianda Senior Court Reporter
FORMER Bulawayo regional magistrate Sikhumbuzo Nyathi has dragged the Judicial Service Commission (JSC) to the Labour Court challenging his dismissal for alleged misconduct.

Nyathi was suspended in March after a whistle-blower claimed that he had sent a Lupane-based magistrate, Aelene Munamati, $305 to influence her judgment against Client Hwanda early this year.

He was subsequently fired by the JSC in July after a disciplinary committee chaired by the Chief Registrar of Superior Courts, Munamato Mutevedzi, concluded that he was guilty of misconduct in terms of section 47 (1) as read with paragraph 15 of the Third Schedule of the Judicial Service Regulations No. 104 of 2014.

Nyathi, through his lawyers, Dube-Banda, Nzarayapenga and Partners, citing the JSC as a respondent, filed a notice of appeal at the Bulawayo Labour Court challenging the decision to fire him.

In his appeal, Nyathi said the disciplinary authority misdirected itself by solely relying on Munamati’s evidence.

He also argued that it failed to approach her evidence with caution.

“The disciplinary authority itself, on a question of law and fact, by making findings of fact which are first and foremost not supported by any fact thereby rendering them so outrageous in their defence of logic that no reasonable person properly applying his mind to the issues, could have arrived at the conclusions reached,” said Nyathi.

He said Munamati’s evidence was inconsistent and lacked corroboration.

“The disciplinary authority misdirected itself by making a finding that Munamati was a credible witness thereby putting a high probative value on her evidence. This finding isn’t supported by facts as Munamati seriously departed from her written statement and contradicted the evidence of other witnesses. She further indicated that she did not want to blow the matter out of proportion meaning she considered blowing it out of proportion, the question is why? If indeed I had committed misconduct then reporting the matter was the right thing to do,” argued Nyathi.

He said his appeal is on the grounds that the penalty imposed in the circumstances is severe and induces shock.

“The disciplinary authority paid lip service to mitigating factors and the primary purpose of disciplinary proceedings in labour matters is to try and reform the aggressor than to punish,” said Nyathi.

It is understood that the case that brought Nyathi’s demise involved a bar-fight between a detective from the Criminal Investigations Department and Hwanda who is believed to be a Central Intelligence Organisation (CIO) agent.

Hwanda was eventually convicted and fined $300 by Munamati, the magistrate that Nyathi allegedly tried to bribe.

Nyathi allegedly sent the $305 via Ecocash to Munamati as he tried to influence her judgment in the case.