Obrian Chivero v Ministry of Home Affairs

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT
NO. LC/H/319/2013
HELD AT HARARE, JUNE 19TH, 2013
CASE NO. LC/H/250/2011
JUDGMENT NO. LC/H/319/2013
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IN THE LABOUR COURT OF ZIMBABWE		JUDGMENT NO. LC/H/319/2013

HELD AT HARARE, JUNE 19TH, 2013		CASE NO. LC/H/250/2011

In the Matter between

OBRIAN CHIVERO						APPELLANT

AND

MINISTRY OF HOME AFFAIRS				RESPONDENT

Before the Honourable B.S. Chidziva:	President

For the Appellant		: Advocate J. Wood (Legal Practitioner)

For the Respondent	: Miss C. Saruwaka (Legal Practitioner)

CHIDZIVA B.S.

This is an appeal against the decision of the respondent’s disciplinary committee to dismiss appellant from employment.  The appellant was charged with:

Improper performance of duty and

Dishonesty, including falsifying of documents.

It was alleged that the appellant processed applications by two Americans i.e. S. Megman and A. Hugeon as shown by visa sticker numbers 061213 and 061216.  The originals of those visa stickers were then found in the passports of two Indian nationals who are in Category C of the visa region.  The visas also appeared to have been stuck into the passports using glue which is …  the visa stickers which were suppose to be in the passports of the Americans were found in the passports of Indians a year later.  The appellant’s grounds of appeal are that:

There is no evidence to show that appellant tempered with the visa tickets that were issued to the American nationals.

The disciplinary committee erred in failing to consider that the visas to the Indian Nationals were issued by the Principal Immigration Officer Mr Munyanyi.

The Americans paid for the visas and the $30.00 was banked.

There is no evidence to show that appellant issued visas to the Indians.

The disciplinary committee did not seriously consider that the Indian visas could have been counterfeit or a product of forgery.

The respondent in response told the Court that:

It is not possible that a visa sticker can be issued to (2) two different persons at one given time.

Although record indicate that the visas were purported to have been issued to American nationals, the sticker visas in question never found their way into the American passports but were later found in Indian passports.

There are no records to show that the Indians paid for the visas.

The appellant failed to substantiate that the visas in question were counterfeits.

Whilst the respondent prayed for the dismissal of the appeal with costs, appellant prayed that the decision of the disciplinary committee should be set aside and that the appellant should be reinstated in employment without loss of salary and benefits.

It is common cause that:

The original stickers were removed on the 12th of April 2009.

Stickers in the Indian passports were catered on the 18th of June 2010 i.e. a year later but the receipt numbers are the same.

What is to be decided is whether;

Appellant improperly performed his duty or not.

Appellant was dishonesty including falsifying of documents.

The appellant could not explain how the stickers were found in the Indian passports when he had processed American visas.  Appellant said that those stickers in Indian passports could be counterfeit but the appellant has not proved that.  The respondent on the other hand has submitted that the head office checked with ARIO Investigations Mr E. Siziba who confirmed that the visa stickers were original.  The respondent has also submitted that the visas in Indian passports were stuck with glue which is very unusual.  There has not been any evidence to show that the Indians and Americans are known such that they could have exchanged the stickers.

From the evidence before this Court it is clear that the visas were never stuck in the Americans’ passports on the 12th of April 2009.  This therefore means that the appellant falsified documents on the day in question.  The appellant therefore failed to perform his duties well.  If the visa stickers had been stuck into the Americans passports it would be impossible to see the same stickers stuck onto the Indian passports.

In view of all this the Court finds that the appeal lacks merit and is therefore dismissed with costs.

Dhlakama B. Attorneys Legal Practitioners, Representing the Appellant.

Civil Division of The Attorney-General’s Office, Representing the Respondent.