HB 098-18 TAWANDA MAWERE versus COMMISSIONER GENERAL OF POLICE N.O and Ors

TAWANDA MAWERE

versus

COMMISSIONER GENERAL OF POLICE N.O

and

SUPERINTENDENT NGIRAZI N.O

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 6 APRIL 2018 AND 12 APRIL 2018

 

 

Urgent Chamber Application

 

Applicant in person

L Musika with L Dube and Ms N Ndlovu for the respondents

 

 

            MATHONSI J:          This case centres on whether a police officer who has been or is being subjected to criminal prosecution arising out of conduct allegedly perpetrated by him or her can be subjected to a disciplinary trial under the Police Act [Chapter 11:10] in respect of the same conduct for which he or she has been or is being prosecuted.  To a smaller extent, it calls upon the court to decide whether the disciplinary authority of the Police Service can be precluded from choosing the venue for the conduct of disciplinary proceedings.  In other words can the court interdict the police from fixing a venue for the hearing of a disciplinary trial or choose such venue for the Police Service.

            The late Pastor Charles Chiriseri was a Minister of Religion of note who led a well-known church, His Presence Ministries International.  He died tragically in a road traffic accident at the 388 km peg along Harare-Bulawayo road on 15 September 2016.  Among those who attended the scene of the accident was the applicant, a police constable, then based at ZRP Mbembesi.  What transpired during the discharge of his duties at the scene has led to disciplinary action being taken against him wherein he has been summoned to appear before the court of a single officer, the second respondent, to answer a charge of contravening Paragraph 35 of the Schedule as read with section 29 of the Police Act [Chapter 11:10] (the Act), that is “acting in an 

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