Timothy Majena v City of Harare

Key Issues

• {"issue_text":"Whether the Disciplinary Committee erred in finding the appellant guilty when there was no evidence to support the specific allegations regarding generation, uttering, and instruction to survey the fraudulent layout plan","issue_type":"fact","dispositive":"yes","related_facts":"Signature on plan, alleged generation of 17-stand plan, alleged uttering to Austin Tapiwanashe, alleged instruction to Mr. Mkuna"}
• {"issue_text":"Whether the Disciplinary Committee misdirected itself by disregarding exculpatory evidence from Mr. Nyabezzi, Mr. Bawa, and Ms. Kashangura","issue_type":"fact","dispositive":"no","related_facts":"Testimony of Nyabezzi, Bawa, and Kashangura regarding plan generation and numbering procedures"}
• {"issue_text":"Whether the Disciplinary Committee erred in accepting evidence of Mr. Madondo and Austin Tapiwanashe without supporting documents","issue_type":"fact","dispositive":"no","related_facts":"Evidence from Madondo (purchaser) and Austin Tapiwanashe (recipient of plan)"}
• {"issue_text":"Whether the Disciplinary Committee erred in relying on the appellant's signature on the layout plan without the original tracing paper","issue_type":"fact","dispositive":"no","related_facts":"Presence of appellant's signature on fraudulent plan"}
• {"issue_text":"Whether the penalty of dismissal was excessive in the circumstances","issue_type":"law","dispositive":"yes","related_facts":"Seriousness of misconduct, nature of employment contract"}
• {"issue_text":"Whether the appeal should be struck off as based on factual findings rather than points of law","issue_type":"procedural","dispositive":"no (abandoned by respondent)","related_facts":"Nature of grounds of appeal"}

Background