SERGEANT KHAUYEZA (F048677J)

versus

THE TRIAL OFFICER

(Superintendent J. Mandizha)

and

THE COMMISSIONER GENERAL OF POLICE

HIGH COURT OF ZIMBABWE

CHIWESHE JP & CHAREWA J

HARARE, 10 November 2017 & 13 June 2018                               

Urgent Chamber Application

Mr N Mugiya, for the applicant

Mr K Chimiti with Mr D Jaricha, for respondents

CHAREWA J: This matter was set down on 22 June 2017 as an urgent chamber application. The applicant sought stay of his detention pursuant to disciplinary proceedings in accordance with the Police Act [Chapter 11:10], pending finalisation of his application for review, by the High Court, of the proceedings before a single trial officer.

The judge declined to hear the matter citing conflicting High Court judgments on matters arising out of police disciplinary proceedings. He thus directed the parties to agree on a statement of agreed facts and contentious points of law for a two judge panel to render an authoritative decision regarding this Court’s powers over police disciplinary processes.

Facts

The applicant was found guilty, by a single trial officer, of accepting or considering accepting a bribe in connection with his position or duties as a member contrary to paragraph 27 of the Schedule to the Police Act [Chapter 11:10]. He was sentenced to 5 days detention in the detention barracks.

He appealed to the Commissioner General of Police in terms of s 34 (1) of the Police Act. His appeal was dismissed and he was notified to start serving his detention. He therefore