Erasmus Gudza v City of Harare

[2020] ZWSC 17

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Case Details

Court

Supreme Court

Date

10 February 2020

Citation

[2020] ZWSC 17

Judgment No.

SC 17/20

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Hlatshwayo JA

Full Bench

Hlatshwayo JAGuvava JAChiweshe AJA

Areas of Law

Labour lawDisciplinary proceedingsStatutory interpretation

Keywords

extortioncorruptionconflict of interestS.I. 17/2007S.I. 171/2010Interpretation Act

Key Issues

{"issue_text":"Which code of conduct applied to disciplinary proceedings commenced after repeal of original code?","issue_type":"law","dispositive":"yes","related_facts":"Offence committed November 2009, proceedings commenced May 2011, S.I. 171/2010 repealed S.I. 17/2007"}
{"issue_text":"Was the disciplinary committee properly constituted under applicable code?","issue_type":"law","dispositive":"no","related_facts":"Appellant challenged composition based on grade of chairperson"}
{"issue_text":"Did failure to complete proceedings within 30 days invalidate the disciplinary outcome?","issue_type":"procedural","dispositive":"no","related_facts":"Proceedings commenced 11 May 2011, concluded 13 October 2011"}

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Facts of the Case

Background

The appellant, a Divisional Officer employed by City of Harare, was dismissed for misconduct involving extortion and corruption where he abused his position to secure work for his private consultancy company from a trucking company under threat of regulatory enforcement. He challenged the dismissal on procedural grounds including the applicable code of conduct, committee composition, and time limits.

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