Nkosikhona Nxumalo v City of Bulawayo

SC 89/22

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Case Details

Court

Supreme Court

Date

20 July 2022

Citation

SC 89/22

Neutral Citation

[2022] ZWSC 89

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Author

Mathonsi JA

Full Bench

Gwaunza DCJMathonsi JAChiweshe JA

Areas of Law

Labour lawEmployment lawDisciplinary proceedings

Keywords

MisconductBriberyWater disconnectionDisciplinary appealBalance of probabilities

Key Issues

{"issue_text":"Whether there was sufficient evidence to find appellant guilty of misconduct on a balance of probabilities","issue_type":"mixed","dispositive":"yes","related_facts":"Sandra Ndlovu's recanted evidence, fact that water was never disconnected"}
{"issue_text":"Whether the appeal to court a quo was competent given that internal appeal was against penalty only","issue_type":"procedural","dispositive":"no","related_facts":"Appellant's letter of appeal to General Purposes Committee"}

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background

Facts of the Case

Background

The appellant, a security guard seconded to disconnect water from defaulting residents, was dismissed for allegedly soliciting a R150 bribe from Sandra Ndlovu to spare her house from disconnection. Investigations revealed water was never disconnected despite his report claiming otherwise. Ndlovu initially implicated him in a statement but later recanted at the disciplinary hearing.

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