HH 479-18 EX-CONSTABLE MATSEKETSA v THE COMMISSIONER GENERAL OF POLICE & Anor

EX-CONSTABLE MATSEKETSA A. 073911M

versus

THE COMMISSIONER GENERAL OF POLICE

and

THE MINISTER OF HOME AFFAIRS

 

 

HIGH COURT OF ZIMBABWE

MANGOTA J

HARARE, 9 July, 2018 and 9 August, 2018

 

 

Opposed Application

 

N. Mugiya, for the applicant

Ms M. Gezera, for the respondents

 

            MANGOTA J: The applicant applied for a declaratur. He moved the court to declare that:

        i.            his trial under the Police Act for the offence he was tried under ordinary law which amounted to dual prosecution be declared unlawful  - and

      ii.            his discharge from the Police Service following his conviction under the Police Act for the offence he was acquitted of under ordinary law be declared unlawful.

           

His statement is that he was charged under the Criminal Law (Codification and Reform) Act [Chapter 9:23] and was acquitted by the court of the magistrate. He states, further, that he was also charged under the Police Act [Chapter 11:10] for the same set of facts, same evidence and same witnesses as for what was preferred against him under the Criminal Law (Codification and Reform) Act. He says he was convicted under the Police Act, was fined $10 and was discharged from the Police Service.

            Amongst the allegations which the applicant levels against the first respondent is the one which relates to the charge. He says he faced an ominibus charge which was not pleadable at law. The charge, he submits, was defective. He indicates that, because he was acquitted by 

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2018