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Bulawayo High Court

Dhererai Manyoni AKA Dereck Kossam v The Police Service Commission and The Commissioner General of Police

HB 48/23

Case Details

Court
Bulawayo High Court
Date
23 March 2023
Citation
HB 48/23
Neutral Citation
[2023] ZWHB 48
Outcome
unknown
Case Type
Review

Bench

Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Administrative lawProcedural law
Keywords
Record of proceedingsRule 62(5)Review applicationProcedural defect
Tags
Police disciplinary proceedingsReview applicationProcedural compliance
legislation
Statutes Cited
  • High Court Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether a review application can proceed without the record of proceedings being lodged with the registrar as required by Rule 62(5)","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's inability to obtain record since 2015"}
  • {"issue_text":"Whether the applicant's responsibility under Rule 62(5) to ensure the record is lodged can be excused by inability to obtain the record","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's efforts since 2015"}
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background
Facts of the Case

Background

The applicant, a police officer, sought review of disciplinary proceedings against him including his suspension and potential punishment. He appeared in person and argued that despite his efforts since 2015, he could not obtain the record of proceedings from the police authorities, but maintained that the material before court was sufficient for review.
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