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Supreme Court
Assistant Inspector Mbwembwe D. O53020E (2) Constable Banda D. 076625M (3) Constable Mlambo D. 72064E (4) Sergeant Sithole 046373V v The Trial Officer (Chief Superintendent Mkandla) (2) The Commissioner General of Police
SC 72/19
Case Details
Court
Supreme Court
Date
19 September 2019
Citation
SC 72/19
Neutral Citation
[2019] ZWSC 72
Outcome
unknown
Case Type
Appeal
Bench
Presiding
BHUNU JA
Full Bench
HLATSHWAYO JABHUNU JAZIYAMBI JA
Areas of Law
Labour lawConstitutional lawAdministrative law
Keywords
Double jeopardyPolice disciplineCriminal acquittalDisciplinary actionSection 70 Constitution
Tags
Police disciplinary proceedingsDouble jeopardyCriminal acquittal
legislation
Statutes Cited
- Constitution of Zimbabwe
- Police Act
- Civil Evidence Act
- Police Standing Orders Volume 1
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a police officer acquitted by criminal courts can be subjected to disciplinary action by employer on the same facts","issue_type":"constitutional","dispositive":"yes","related_facts":"Appellants' criminal acquittal and subsequent disciplinary proceedings"}
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background
Facts of the Case
Background
The appellants, all police officers, were acquitted of criminal charges in the Magistrates Court but were subsequently subjected to disciplinary proceedings by their employer on the same facts, resulting in their dismissal from the police force.
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