The rowdy toyi-toying was done in front of school kids attending a theatre arts function at Charles Austin Theatre in Masvingo last year.
Chief magistrate Mishrod Guvamombe confirmed the developments to The Mirror last week and said Mzinyathi was as a result being transferred to Marondera at his own cost and was warned of sterner disciplinary measures if he is found guilty of a similar offence in future.
Mzinyathi did not dispute the cases brought against him as he pleaded guilty.
Mzinyathi must be at Marondera Magistrates’ Court by February 2, 2015.
He was charged under Section 48 (1) of the Judiciary Service Regulations and Section 53 (1) (i).
The disciplinary action came after a complaint raised that Mzinyati was interfering with a court case to the extent that he was allegedly threatening lawyers in Masvingo who wanted to represent the complainant, Leeroy Gono. He is also accused of having bragged that he “was a big dog” in town and would deal with anyone who messed around with him.
He is said to have told the complainant that he was going to teach him a lesson. Mzinyathi is also alleged to have predicted that the complainant would lose his cases in court.
This disciplinary action came after Guvamombe, an immensely respected magistrate warned his juniors late last year that it will be folly for them to get involved in corruption or wayward behaviour.
“I want to emphasise that corruption and unprofessional conduct will not be tolerated and we will deal with all cases and complaints brought before us,” said Guvamombe.
Mzinyathi was charged last October after embattled Masvingo Drama Circle director, Gono wrote to the chief magistrate complaining that the senior magistrate was interfering with his court cases by posting prejudicial material on facebook. Mzinyathi was the treasurer of Charles Austin Theatre at the time that Gono was fired.
Mzinyathi was ordered to step down from the Drama Circle late last year after The Mirror also complained against the magistrate’s comments on facebook where he vowed to bring down the newspaper. He threatned the newspaper after it reported about problems the develling the Drama Circle.
The Mirror also complained that it lost a $10 000 lawsuit after Mzinyathi made the threats. However, no evidence was found that could link him to interference in that case. Mzinyathi also apologised for his unprofessional conduct towards The Mirror.
On the second charge, Mzinyathi was accused of leading a rowdy group to do toyi toyi at the Youth Cultural Arts Festival (YOCAF) mainly attended by school children.
The magistrate wore a T shirt inscribed 44 000 dreams when he toti-toyed at the arts festival. The disciplinary ruling established that he wore the T shirt to spite Gono who had won a $44 000 lawsuit against Masvingo Drama Circle.
“On several encounters with him, he openly told me that I was messing with the big dogs and that he was going to teach me a lesson that I will never forget. A vicious battle ensued with Jabulani Mzinyathi bragging both in public and on social media that I was going to lose both cases,” wrote Gono to Guvamombe.
Meanwhile, The Mirror has established that Gutu Resident Magistrate Nyasha Vhitorini is being transferred to Mutoko. The reasons for his transfer are not clear.
A magistrate only identified as Mareche who is coming from Mutoko will replace Vhitorini. – The Mirror
