Zimbabwe Lawyers for Human Rights (ZLHR) has filed a complaint against a school head, Nathaniel Marusho who is still reporting for duty despite running in the August elections under the ruling party Zanu PF.
The rights lawyers contend this is a contravention of the constitution and has since written to the Public Service Commission (PSCC).
Marusho is employed by the PSC under the Ministry of Primary and Secondary Education as a Headmaster at Mvurwi High School in Mashonaland Central province.
Human rights lawyer Innocent Gonese of ZLHR is handling the matter.
A letter written by Gonese, delivered to PSC states that Marusho's conduct is a violation of section 200 of the Constitution as read with the provisions of section 119(2)(g) of the Electoral Act.
He said the law is designed to ensure the political neutrality of members of the public service.
"Gonese indicated that Marusho's employment with the PSC must have been terminated before his nomination by way of resignation and that he cannot continue working as a civil servant after the submission of his nomination papers.
"The human rights lawyer stated that Marusho can either elect to be a politician or be employed as a civil servant but cannot do both," said ZLHR.
Gonese asked the PSC to confirm within three days whether Marusho's resignation had come into effect and had stopped reporting for duty failure of which he would institute appropriate legal proceedings against him.