We are also aware that the Registrar of Societies, Mrs Thandiwe Phiri Mhende, is subject of a subpoena issued by High Court Judge Honourable Justice Mr. Timothy Katenekwa and pursuant to the said subpoena, she produced a register for the office bearers of Patriotic Front which shows that there were no changes.
Following this production, the Registrar was surrendered to the Cabinet Office, which is never meant as a promotion in public service, and the produced register has purportedly been called into question by the Ministry.
We find this development very troubling and most unfortunate especially that there is insinuation that a subpoena issued by a court of law does not have force of law and can be ignored or disobeyed by a civil servant at will or that a court document subject of proceedings can be impugned outside the court room.
(We want to be categorical that a subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial, which summons must be obeyed, failing which the person summoned can be punished by the court. It is therefore a compelling order which attracts punitive sanctions at the instance of the court that issued it.
While we are not privy to the reasons for the surrender of the Chief Registrar of Societies, sentiments so far suggest that it could be attributable to her complying with the subpoena.
We condemn any acts of sanctioning civil servants for complying with court orders and summons from the courts of law. Such incidents have the danger of cowering public servants into doing illegal activities to please superiors, which conduct is injurious to citizens who are ultimately subject of civil servants’ actions.
Rule of law demands that Government action must be based on legal principles, and those who comply with the law in their actions must be commended, not condemned.
LAZ PRESIDENT
Lungisani Zulu
