Rutendo Chirume
MASVINGO – The High Court has reserved judgment in an application filed by Harare Ward 24 Councillor Danford Ngadziore, who is seeking a declaration that popular Zanu PF member and Presidential master of ceremonies David Jani Masomere be dismissed from service for his alleged political activities.
Justice Christopher Dube-Banda reserved judgment on July 06 and said the parties would be advised when the ruling is ready.
Ngadziore approached the High Court in terms of Section 85(1)(a) of the Constitution of Zimbabwe, as read with Section 14 of the High Court Act, seeking a declaration that Masomere aka DJ weSADC, a teacher at Ndarama High School, violated Section 200(3) of the Constitution by publicly supporting and canvassing for ZANU PF support during the 2023 harmonised elections at the expense of his duties.
The applicant argued that the Constitution requires members of the public service to be apolitical in the discharge of their duties. He also sought an interdict barring Masomere from engaging in such activities.
Representing Ngadziore, lawyer Obey Chitowamombe said the applicant had presented a compelling constitutional case and expressed confidence that the court would rule in his client’s favour.
“We have presented a compelling argument and believe we are in the rightful position. Although the applicant acted in his own capacity, his locus standi extends to protecting the broader public interest,” said Chitowamombe.
Masomere, through his legal team led by Advocate Tatenda Nyoka, opposed the application, arguing that Ngadziore should have first lodged his complaint with the Public Service Commission (PSC) and the Ministry of Primary and Secondary Education, the institutions mandated to investigate alleged misconduct by public servants.
The defence also challenged the evidence relied upon by the applicant, arguing that screenshots from the social media platform X and a newspaper article were not supported by affidavits to prove their authenticity. They further submitted that the applicant’s locus standi was unclear, describing him as a “busybody” attempting to draw the court into a matter without identifying whose constitutional rights he was seeking to protect.
Nyoka further argued that while the Constitution prohibits certain public officers from holding political office, it does not strip them of their constitutional rights to participate in political activities. They submitted that the Public Service Act allows teachers to engage in politics provided such activities take place outside working hours and school premises and do not interfere with their official duties or the welfare of learners.
Representing the Public Service Commission, Tinomuda Shoko also opposed the application, arguing that the applicant had failed to exhaust the administrative remedies available before approaching the High Court.
Speaking to The Midweek Watch after the hearing, Masomere described the application as politically motivated.
“This is politics at play because the applicant is an opposition leader who is just poking worms for no reason,” he said.
Masomere said his professional record remained exemplary, noting that his school’s pass rate has consistently been 100 percent. He maintained that any political activities were conducted during his off days or while on leave and had never affected his teaching responsibilities.
