TONNET Z MUSUKA v The Public Service Commission & 2 Ors

Key Issues

• {"issue_text":"Whether the Public Service Commission erred by upholding the disciplinary authority's finding that the Appellant was guilty of conniving with the ward 22 distribution Committee","issue_type":"fact","dispositive":"yes","related_facts":"Appellant received fertilizer; Appellant claimed it was at initiative of Chairperson/Councillor"}
• {"issue_text":"Whether the Disciplinary Hearing Committee erred in finding the Appellant guilty of accepting a token of appreciation, a non-existent offence","issue_type":"law","dispositive":"no","related_facts":"Disciplinary Committee recommended guilt on basis of accepting token of appreciation"}
• {"issue_text":"Whether the Public Service Commission erred by upholding the Disciplinary Authority's finding that the Appellant was guilty of allocating fertilisers to Masomera Residents","issue_type":"fact","dispositive":"yes","related_facts":"Disciplinary Committee found Appellant not guilty on this charge; Head of Department reinstated charge"}
• {"issue_text":"Whether the Public Service Commission erred in upholding the excessive penalty of dismissal without considering mitigatory circumstances","issue_type":"law","dispositive":"yes","related_facts":"Appellant is sole breadwinner, 23 years service, first offender, value of fertilizer US$30, surrendered bag"}

Background