News / National
Cop loses bid to block disciplinary hearing
13 Jun 2017 at 06:51hrs | Views
THE High Court has dismissed an application by a Beitbridge detective who sought to block his superiors from conducting a disciplinary hearing after he fatally knocked down two pedestrians.
Darlington Mujabuki (37), a member of the Criminal Investigation Department (CID) who did not have a driver's licence, fatally hit Hungson Mbedzi and Tobias Ndou at Beitbridge Border Post on June 22 last year after losing control of his vehicle.
He was convicted on his own plea of guilty to culpable homicide and driving without a licence by Beitbridge magistrate, Mr Langton Mukwengi and fined $500 for both offences.
The court ordered him to pay a $400 fine for culpable homicide or serve a six-month jail term and $100 for driving without a licence.
Mujabuki was also barred from driving for two years.
At the time when he was involved in an accident, Mujabuki was on suspension for allegedly offering a R30 bribe to facilitate the importation of his vehicle.
Following the accident, police charged him for acting in an unbecoming manner likely to bring discredit to the police, but he approached the High Court in an attempt to block his hearing.
Bulawayo High Court judge Justice Martin Makonese said Mujabuki's application for review lacked merit. The judge said the manner in which the charge was framed showed that Mujabuki is being tried in accordance with the norms and standards of police discipline.
"I must make the point that disciplinary trials are a creature of statute which empowers those in authority to administer discipline to their subordinates within the law," said Justice Makonese.
The judge expressed concern over an increase in the number of aggrieved cops abusing courts in a bid to evade disciplinary hearings.
"There has been an upsurge in cases of review and applications for stay of disciplinary proceedings arising from cases of discipline within the police force. This court is now acting like a buffer or a shield to protect police officers who should simply submit to the lawful disciplinary trials," he said.
Mujabuki through his lawyers, Mugiya and Macharaga Law Chambers had sought an order blocking Police Commissioner-General Augustine Chihuri and a trial officer only identified as Superintendent Gudo from proceeding with a disciplinary hearing against him in terms of the Police Act.
Mujabuki said Supt Gudo's conduct is a violation of his right to a fair trial in terms of section 69 of the constitution.
He sought an order staying the proceedings before a single officer which commenced at the Beitbridge Police District Headquarters on December 6 last year.
On June 22 last year, after clearing the vehicle, a Subaru Legacy, Mujabuki collected it from Manica Bonded Vehicle Warehouse and drove it at high speed, knocking down Mbedzi and Ndou, who were walking home from work.
The two were pushed through a fence and rammed against a tree. They died on the spot.
Darlington Mujabuki (37), a member of the Criminal Investigation Department (CID) who did not have a driver's licence, fatally hit Hungson Mbedzi and Tobias Ndou at Beitbridge Border Post on June 22 last year after losing control of his vehicle.
He was convicted on his own plea of guilty to culpable homicide and driving without a licence by Beitbridge magistrate, Mr Langton Mukwengi and fined $500 for both offences.
The court ordered him to pay a $400 fine for culpable homicide or serve a six-month jail term and $100 for driving without a licence.
Mujabuki was also barred from driving for two years.
At the time when he was involved in an accident, Mujabuki was on suspension for allegedly offering a R30 bribe to facilitate the importation of his vehicle.
Following the accident, police charged him for acting in an unbecoming manner likely to bring discredit to the police, but he approached the High Court in an attempt to block his hearing.
Bulawayo High Court judge Justice Martin Makonese said Mujabuki's application for review lacked merit. The judge said the manner in which the charge was framed showed that Mujabuki is being tried in accordance with the norms and standards of police discipline.
The judge expressed concern over an increase in the number of aggrieved cops abusing courts in a bid to evade disciplinary hearings.
"There has been an upsurge in cases of review and applications for stay of disciplinary proceedings arising from cases of discipline within the police force. This court is now acting like a buffer or a shield to protect police officers who should simply submit to the lawful disciplinary trials," he said.
Mujabuki through his lawyers, Mugiya and Macharaga Law Chambers had sought an order blocking Police Commissioner-General Augustine Chihuri and a trial officer only identified as Superintendent Gudo from proceeding with a disciplinary hearing against him in terms of the Police Act.
Mujabuki said Supt Gudo's conduct is a violation of his right to a fair trial in terms of section 69 of the constitution.
He sought an order staying the proceedings before a single officer which commenced at the Beitbridge Police District Headquarters on December 6 last year.
On June 22 last year, after clearing the vehicle, a Subaru Legacy, Mujabuki collected it from Manica Bonded Vehicle Warehouse and drove it at high speed, knocking down Mbedzi and Ndou, who were walking home from work.
The two were pushed through a fence and rammed against a tree. They died on the spot.
Source - chronice
