HH 264-18 CONSTABLE CHIHWAI P. 065008K versus THE TRIAL OFFICER N.O. (SUPERITENDENT GOWE) and Anor

CONSTABLE CHIHWAI P. 065008K

versus

THE TRIAL OFFICER N.O. (SUPERITENDENT GOWE)

and

THE COMMISSIONER GENERAL OF POLICE N.O.

 

 

HIGH COURT OF ZIMBABWE

MUZOFA J

HARARE, 24 April & 16 May 2018

 

 

Urgent chamber application

 

N Mugiya, for the applicant

No appearance for the 1st respondent

Ms B Shava, for the 2nd respondent

 

            MUZOFA J: This matter was filed as an urgent chamber application on 13 April 2018. I determined that the matter was not urgent and ordered that it be removed from the roll of urgent matters.

            Counsel for the applicant requested to make representations. Consequently parties appeared before me on 24 April 2018.

            The applicant sought stay of his detention pursuant to disciplinary proceedings in terms of the Police Act [Chapter 11:10], pending determination of his application for review.

            According to the founding affidavit, the applicant was charged, tried and convicted for contravening para 35 of the schedule to the Police Act by the first respondent. He was sentenced to 14 days imprisonment and to pay a fine of $10 in terms of s 29 A of the Act.

            An appeal to the second respondent was unsuccessful. The applicant subsequently filed an application for review with this court under case number HC 8146/17 which is still pending.

            The applicant alleges that on 11 April 2018 his officer in charge advised him that he should be detained pursuant to the sentence imposed. To that extent he filed this application.

            The applicant also alleges that this is the second time the respondents seek to detain him. In September the respondents sought to detain the applicant. The applicant approached this court in case HC 8150/17 and before the matter was heard parties agreed that the respondents will not detain him until the application for review in HC 8146/17 is finalised.

 

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2018