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Harare High Court
Constable Kaisi 065030J v The Board President (Chief Superintendent Ndlovu N) and The Commissioner General of Police
HH 657-18
Case Details
Court
Harare High Court
Date
20 October 2018
Citation
HH 657-18
Neutral Citation
[2018] ZWHH 657
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Administrative lawPolice lawProcedural law
Keywords
Board of suitabilityFunctus officioStay of proceedingsReinstatementPolice Act
Tags
Police disciplinary proceedingsBoard of suitabilityStay of proceedings
legislation
Statutes Cited
- Police Act
- Police Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has shown good cause for stay of proceedings pending determination of application for permanent stay","issue_type":"procedural","dispositive":"yes","related_facts":"New board proceedings convened while permanent stay application pending"}
- {"issue_text":"Whether respondents are in contempt of previous court order by convening new board","issue_type":"procedural","dispositive":"no","related_facts":"Previous order quashed proceedings but did not bar fresh proceedings"}
- {"issue_text":"Whether applicant enjoys reasonable prospects of success in permanent stay application","issue_type":"mixed","dispositive":"yes","related_facts":"Need to show constitutional rights violation and specific prejudice"}
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background
Facts of the Case
Background
A police officer who had been discharged from service successfully applied for review, resulting in reinstatement. When the police convened a new board of suitability on the same charges, the officer sought a stay of proceedings pending his application for permanent stay, arguing the new proceedings were contemptuous of the court order.
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