HH 259-18 EX-CONSTABLE CHITEMERE versus THE COMMISSIONER GENERAL OF POLICE and Ors

EX-CONSTABLE CHITEMERE

versus

THE COMMISSIONER GENERAL OF POLICE

and

POLICE SERVICE COMMISSION

and

THE MINISTER OF HOME AFFAIRS

 

 

 

 

HIGH COURT OF ZIMBABWE

MUZENDA J

HARARE, 15 May 2018

 

 

 

Opposed Application For A Declaration

 

 

N. Mugiya, for the applicant

D. Jaricha, for the 1st and 2nd respondents

No appearance for the 3rd respondent

 

 

            MUZENDA J: The applicant, a former constable in the Zimbabwe Republic Police is seeking the following order:

            “IT IS ORDERED THAT

1.      The discharge of the applicant from the Police Service by the first respondent be and is hereby declared unlawful and set aside.

2.      The 1st respondent be and is hereby ordered to reinstate the applicant into the Police Service forthwith.

3.      The respondents are ordered to pay costs of suit on a client/attorney scale.”

The applicant was discharged from the Police Service on 15 September 2017 by the

Commissioner General of Police, the first respondent for being unsuitable for police duties. This discharge followed a trial of the applicant, before a single officer where applicant was convicted. The applicant appealed against that conviction and penalty to the Police Service Commission, the second respondent and according to the applicant in his papers, he is awaiting outcome of the appeal. Meanwhile the applicant argues that the noting of the appeal to the Police Service Commission automatically entitles him a reinstatement. On the other hand the respondents in their opposing papers argue that the procedure adopted by the applicant in 

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