HB 138-18 SERGEANT MUTANDAVARI versus THE ACTING OFFICER IN CHARGE

SERGEANT MUTANDAVARI M 983539N

versus

THE ACTING OFFICER IN CHARGE

(INSPECTOR DUBE S)

and

THE CHIEF STAFF OFFICER (J.C CHENGETA)

and

THE COMMISSIONER GENERAL OF POLICE

and

THE POLICE SERVICE COMMISSION

 

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 16 MAY 2018 AND 7 JUNE 2018

 

Judgment

 

N Mugiya for the applicant

L Musika for the respondents

 

MATHONSI J:          The applicant was a sergeant in the Zimbabwe Republic Police stationed at Ntabazinduna Training Depot until the beginning of November 2017 when she was dismissed from the service following the recommendations of a suitability board which had been convened by the third respondent in terms of section 50 of the Police Act [Chapter 11:10].  She has made this review application wherein she seeks an order setting aside her discharge from police service as unlawful and wrongful, directing the respondents to process her resignation and terminal benefits and costs of suit on an attorney and client scale.

            The applicant has cited as her ground for review gross procedural irregularity by reason that:

“a.        The 3rd respondent discharged the applicant from the police service when she had already resigned.

            b.         The 3rd respondent failed to furnish applicant with reasons for the discharge.”

 

            The facts of the matter are fairly straight forward and generally common cause.  During the tenure of her service as a sergeant based at Ntabazinduna Training Depot, having joined the 

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2018