High Court or­ders Chi­huri to re­in­state 13 fired cops

Chronicle (Zimbabwe) - - National News - Mashudu Net­sianda

THE High Court in Bu­l­awayo has or­dered Po­lice Com­mis­sion­erGen­eral Au­gus­tine Chi­huri to re­in­state 13 Zvisha­vane cops fired for un­spec­i­fied var­i­ous acts of mis­con­duct.

The rul­ing by Jus­tice Maxwell Takuva fol­lows an ur­gent cham­ber ap­pli­ca­tion filed by the 13 po­lice of­fi­cers from the Min­er­als and Bor­der Con­trol Unit chal­leng­ing their dis­missal.

The ag­grieved cops, who were fired on dif­fer­ent oc­ca­sions, ap­pealed to the Po­lice Ser­vice Com­mis­sion in terms of sec­tion 51 of the Po­lice Act be­tween Fe­bru­ary and April, but their boss al­legedly re­fused to re­in­state them.

In pa­pers be­fore the court, the fired po­lice of­fi­cers cited Home Af­fairs Min­is­ter Ig­natius Chombo and Comm-Gen Chi­huri as re­spon­dents.

Jus­tice Takuva ruled that Comm-Gen Chi­huri’s re­fusal to re­in­state the ap­pli­cants af­ter they had noted an ap­peal was un­law­ful.

“In casu, the Com­mis­sioner-Gen­eral ex­er­cised his pow­ers in terms of the Po­lice Act and dis­charged the ap­pli­cants who then ap­pealed against the or­der in terms of sec­tion 51 of the Po­lice Act whose ef­fect is that an ap­peal au­to­mat­i­cally by op­er­a­tion of the law sus­pends the de­ci­sion ap­pealed against,” said the judge.

Jus­tice Takuva di­rected the po­lice chief not to ex­e­cute his or­der un­til the Po­lice Ser­vice Com­mis­sion has given its de­ci­sion.

“In the cir­cum­stance, the Com­mis­sioner-Gen­eral can­not claim to have pow­ers to dis­charge and not to re­in­state. In my view, to ar­gue that it is the Po­lice Ser­vice Com­mis­sion that should re­in­state amounts to re­quir­ing the ap­pli­cants to ap­ply for stay of ex­e­cu­tion in cir­cum­stances where that re­lief has al­ready been granted by the law,” said the judge.

“In the cir­cum­stances, it is or­dered that, pend­ing con­fir­ma­tion of the pro­vi­sional or­der, an in­terim re­lief is granted or­der­ing the first re­spon­dent to re­in­state the first to 13 ap­pli­cants into the Po­lice Ser­vice forth­with,” ruled Jus­tice Takuva.

The cops led by one Con­sta­ble Mu­timusakwa re­cently filed the ap­pli­ca­tion fol­low­ing their dis­missal.

The po­lice of­fi­cers through their lawyer, Mr Nor­man Mugiya, sought an or­der di­rect­ing their boss to re­in­state them into the po­lice ser­vice pend­ing the fi­nal­i­sa­tion of the mat­ter.

Mr Mugiya ar­gued that his clients were sup­posed to be re­in­stated as soon as their ap­peals were re­ceived.

Comm-Gen Chi­huri, through the Civil Di­vi­sion in the At­tor­ney­Gen­eral’s Of­fice, said it was im­proper to bunch all the ap­pli­cants in one ap­pli­ca­tion, ar­gu­ing that they had dif­fer­ent sce­nar­ios.

The Civil Di­vi­sion in the AG’s Of­fice ar­gued that the Com­mGen of the Po­lice is not an em­ployer and has no power to com­pel the Po­lice Ser­vice Com­mis­sion to re­in­state the ap­pli­cants.

Baby Andile af­ter the op­er­a­tion

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