HB 083-18 EX-CONSTABLE MATSITSIRO T. 055873F versus THE COMMISSIONER GENERAL OF POLICE and Ors

EX-CONSTABLE MATSITSIRO T. 055873F

versus

THE COMMISSIONER GENERAL OF POLICE

and

THE POLICE SERVICE COMMISSION

and

THE MINISTER OF HOME AFFAIRS

 

 

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 27 FEBRUARY 2018 AND 22 MARCH 2018

 

 

Opposed Matter

 

 

N Mugiya for the applicant

L Musika for the respondents

 

 

            MOYO J:       This is an application for a declaratur.  The order sought is as follows:

1.         That the decision of the first respondent is hereby declared unlawful and wrongful.

2.         That the decision of the first and second respondents be and is hereby set aside.

3.         That the respondents are to bear the costs on an attorney and client scale.

            The brief facts of the matter are that applicant was discharged from the police force on 23 February 2015.  He avers that he was never given reasons for such action even when he demanded them.  He then appealed to first respondent, the appeal was unsuccessful, he appealed to second respondent and his appeal was again overturned.

            He was never given any reasons on all these instances.  He says failure to give him reasons is wrongful and unlawful.  He also avers that second respondent was improperly constituted as its composition is not in terms of the constitution.

            At the hearing of the matter, applicant submitted that all respondents were out of court as first respondent filed a notice of opposition with no opposing affidavit and that second respondent filed an opposing affidavit with no notice of opposition.

            That these papers do not comply with the rules and the respondents are therefore out of court.  Counsel for the respondents submitted that the notice of opposition filed on 9 October 

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2018