Takesure Mudiwa v Chitungwiza Municipality

[2020] ZWSC 38

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Case Details

Court

Supreme Court

Date

5 March 2020

Citation

[2020] ZWSC 38

Judgment No.

SC 38/20

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Garwe JA

Full Bench

Garwe JAGowora JAGuvava JA

Areas of Law

Labour LawEmployment LawAdministrative Law

Keywords

wilful loss of council propertydisciplinary hearingarbitratorreinstatementdismissal

Key Issues

{"issue_text":"Whether the matter was res judicata","issue_type":"procedural","dispositive":"no","related_facts":"Initial charges were withdrawn after hearing submissions, appellant was reinstated, fresh charges were laid"}
{"issue_text":"Whether the disciplinary committee acted ultra vires in withdrawing charges","issue_type":"procedural","dispositive":"no","related_facts":"Charges were withdrawn after both parties made submissions, appellant did not challenge withdrawal at the time"}
{"issue_text":"Whether the appellant was properly found guilty of misconduct","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant gave conflicting explanations about missing book, book disappeared while in his possession"}

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Facts of the Case

Background

The appellant, a Chief Internal Auditor employed by Chitungwiza Municipality, was dismissed for misconduct after being found guilty by an arbitrator of wilful loss of council property. The charges related to the disappearance of financial books and files from the finance section while in his possession. After initial charges were withdrawn and he was reinstated, fresh charges were laid leading to arbitration and dismissal.

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