EX CONSTABLE RWAFA A 052885H v THE CHIEF STAFF OFFICER (SENIOR ASCOM CHENGETA JC) and COMMISSIONER GENERAL OF POLICE N.O

HH 155-18

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Case Details

Court

Harare High Court

Date

21 March 2018

Citation

HH 155-18

Neutral Citation

[2018] ZWHH 155

Outcome

unknown

Case Type

Application

Bench

Presiding

MUREMBA J

Full Bench

MUREMBA J

Areas of Law

Administrative lawPolice lawEmployment law

Keywords

Police ActAppeal suspensionReinstatementDesertionDischarge

Key Issues

{"issue_text":"Whether failure to reinstate applicant pending appeal under s 51 of Police Act rendered subsequent appeal proceedings null and void","issue_type":"legal","dispositive":"yes","related_facts":"Applicant filed appeal; was not reinstated; appeal was heard and dismissed"}
{"issue_text":"Whether applicant is entitled to reinstatement after appeal dismissal","issue_type":"legal","dispositive":"yes","related_facts":"Appeal dismissed on 5 August 2015; application filed December 2015"}

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background

Facts of the Case

Background

The applicant, a police constable, was discharged from the Zimbabwe Republic Police on 30 December 2014 and declared a deserter. He appealed to the Police Service Commission within the prescribed period, but was not reinstated pending the appeal as required by s 51 of the Police Act. His appeal was subsequently dismissed on 5 August 2015.

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