$80 000 in back pay for suspended immigration officers

HOME Affairs and Cultural Heritage Minister Cain Mathema has been ordered to direct his ministry to pay more than $80 000 in back pay salaries and benefits for eight Victoria Falls immigration officers.

The eight immigration officers were suspended without pay and benefits following their arrest in May 2017 at Victoria Falls Border Post, Kazungula Border Post and Victoria Falls International Airport for allegedly receiving bribes from foreigners to alter visas.  

They, however, successfully challenged their suspensions at the High court, citing inordinate delay to the finalisation of the disciplinary process.

The ruling by Bulawayo High Court judge, Justice Maxwell Takuva, follows an application by Ms Shillah Ndavani, Mr Vincent Shoshore, Mr Shepherd Gombwe, Mr Simbarashe Nyamukachi, Mr Joseph Raungana, Mr Tichaona Munemo, Ms Ruth Patience Mutasa and Mr Misheck Chizema, through their lawyers Ncube and Partners, citing Minister Mathema, Chief Immigration Officer Ms Respect Gono, secretary of the Public Service Commission (PSC) Ambassador Jonathan Wutawunashe, Paymaster of the Salary Service Bureau Mr Brighton Chuzingo and one Mr K Makiwa, who is the director of pensions in the PSC, as respondents.

The eight immigration officers sought an order declaring the respondents to be in contempt of court after defying a court order directing them to pay the applicants their full back pay and benefits from May 12, 2017 to November 19, 2018.

Justice Takuva ordered Minister Mathema and other respondents to fully comply with the order issued by Justice Nokuthula Moyo under case number HC1689/19, failure of which they would be sentenced to 90 days civil imprisonment.

"It is hereby declared that the respondents are in contempt of court. The respondents are hereby ordered to fully comply with the order issued under number HC1689/19 and should do so by paying the applicants $84 192 in full," ruled the judge.

Justice Takuva gave the respondents 20 days to pay the money.

"The respondents be and hereby sentenced to 90 days imprisonment suspended on condition that they comply fully with this order within 20 days of the date of this order. The respondents to pay costs of suit or attorney and client scale, the one paying the other to be absolved," he said. In their court papers, the eight immigration officers said the respondents had a full knowledge of the court order and its provisions.

"On April 11, 2019, our legal practitioners were served with a letter dated 27 March 2019, which was a response to the letter dated 12 March 2019. It briefly indicated that the matter was receiving attention and the response urged the respondents to implement the court order," said the applicants.

"The respondents have disobeyed the court order wilfully and their conduct has put them squarely within the ambit of an application of this nature. There is proof beyond reasonable doubt that the respondents are guilty of contempt of court as they have failed to heed advice and warning from our legal practitioners."

The respondents were in February directed by Justice Moyo to pay all the applicants their full back pay and benefits.

They were given up to March 25, 2019 to comply and failed to do so. Allegations are that the eight immigration officers, acting separately, attended to visitors from different countries and recorded lesser amounts on receipt books and pocketed the difference, thereby prejudicing the State of varying amounts of money.

British, American and Canadian visitors pay $55, $30, and $75 respectively for a single entry visa and the accused would allegedly record everyone as American and pocket the difference.

It is alleged that this criminal activity has been happening for some time until recently when authorities within the Immigration Department noted some irregularities and launched an investigation into the visa scam.