YAKUBU MUSA and IMRAAN MUSA and ZUNAD MUSA versus THE COMMISIONER GENERAL POLICE and THE POLICE SERVICE COMMISSION and THE MINISTER OF HOME AFFAIRS

HH 843-17

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Case Details

Court

Harare High Court

Date

21 December 2017

Citation

HH 843-17

Neutral Citation

[2017] ZWHH 843

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE J

Areas of Law

Administrative LawConstitutional LawPolice Law

Keywords

ReviewAudi Alteram PartemProcedural FairnessDismissal

Key Issues

{"issue_text":"Whether the summary dismissal of the applicants without a hearing was lawful and procedurally fair","issue_type":"mixed","dispositive":"yes","related_facts":"Summary dismissal via unsigned notice; no hearing given; reliance on section 10(a) of Police Reserves Regulations"}
{"issue_text":"Whether section 10(a) of the Police Reserves (Amendment) Regulations 1998 is consistent with the Police Act and Constitution","issue_type":"law","dispositive":"yes","related_facts":"Respondents relied on this section to justify dismissal"}
{"issue_text":"Whether the applicants are entitled to restoration of their personal items confiscated pursuant to dismissal","issue_type":"law","dispositive":"yes","related_facts":"Personal items were taken by police after dismissal"}

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background

Facts of the Case

Background

The applicants, who were members of the Police Constabulary for periods ranging from seven to twenty-nine years, were summarily dismissed via an unsigned notice titled "SPECON" affixed to a notice board on 3 October 2016. The dismissal was based on allegations of serious offences against them, but they were not afforded a hearing or given prior notice of the intended action.

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