HB 128-18 CONSTABLE SIBANDA K Versus THE TRIAL OFFICER (CHIEF SUPERINTENDENT MASUKU C) And Ors

CONSTABLE SIBANDA K 067776 T

 

Versus

 

THE TRIAL OFFICER

(CHIEF SUPERINTENDENT MASUKU C)

 

And

 

THE COMMISSIONER GENERAL OF POLICE

 

And

 

THE MINISTER OF HOME AFFAIRS

 

IN THE HIGH COURT OF ZIMBABWE

TAKUVA J

BULAWAYO 20 OCTOBER 2017 & 7 JUNE 2018

 

Opposed Application

 

N. Mugiya for the applicant

L. Musika for the respondents

TAKUVA J:  This is a court application for a declaratur.  The relief sought is that:

“1.       The appeal proceedings against the applicant be and are hereby declared to be wrongful and unlawful and accordingly set aside.

2.         The further prosecution of the applicant in terms of the Police Act and on the same allegations be and is hereby stayed.

            3.         The respondents are ordered to pay costs of suit on a punitive scale.”

            The basis for seeking the above relief is put in applicant’s founding affidavit as inter alia;

 

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2018