HB 043-18 CONSTABLE NCUBE M. T 075098C and Ors versus THE TRIAL OFFICER SUPERINTENDENT NDUHLE and Anor

CONSTABLE NCUBE M. T 075098C

and

CONSTABLE NCUBE M. D 083092R

and

CONSTABLE SIZIBA B. 084014T

versus

THE TRIAL OFFICER SUPERINTENDENT NDUHLE

and

THE COMMISSIONER GENERAL OF POLICE

 

 

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 11 OCTOBER 2017 AND 8 MARCH 2018

 

 

R Ndou for the applicants

L Musika for the respondents

 

 

            MOYO J:       This is an application for the review of the decision of a single trial officer.

            The three applicants were constables within the Zimbabwe Republic Police.  They were charged for misconduct.  They appeared before a single officer. The main ground for review was that the applicants were tried hastily, denied their rights to legal representation with some proceedings going on into the night.

            The respondent’s counsel conceded that there was a gross violation of the rights of the applicant’s rights to legal representation and to a fair trial.  The first complaint by the applicants is that they were whisked into a trial without notice as they had gone to the police station for some other business, not aware that there was a trial set down.  Respondents denied this and this court cannot resolve that fact on paper.  However, there are other glaring problems with the proceedings before the single officer.  At the commencement of the proceedings, the accused persons were asked if they had been served with the state papers and accused one and two said No.  Accused three and four confirmed receiving the state papers.  On further enquiry accused one said he was served only with the charge sheet, accused two said he was served with the charge sheet and the synopsis.  The accused persons were then asked the question:

 

Download File: 

Tags: