High Court Judge Justice Ben Hlatshwayo on Wednesday ordered the reinstatement of Leopold Mudusi, Patros Dube, Dereck Charamba, Musekiwa Mbanje and Mehluli Tshuma whom he had fired for leading the strike action by the prosecutors which brought the justice delivery system in the country to a halt.
“All orders, verbal or written, issued to the applicants’ consequent upon the said letter, are equally null and void and, to the extent possible, are hereby set aside,” said Hlatshwayo while delivering his ruling.
“The applicants are forthwith restored to the positions they each held prior to each one’s receipt of the said letter, without loss of their rights.”
In his ruling Judge Hlatswhayo said the AG, often accused of selectively applying the law, was supposed to simply suspend the prosecutors pending investigations instead of out rightly dismissing them from work.
“The withdrawal of prosecutorial authority as such was improper because the hearing before PSC would not have the effect of restoring the prosecutorial authority even if they were found innocent,” the prosecutors further told the court,” said Judge Hlatswayo.
Hlatswayo added that Tomana’s argument that his exercise of discretionary powers cannot be subject to judicial scrutiny is astounding because the courts have the power to term an appointment null and void if the so-selected do not qualify in terms of the statute.