News / National
High Court stops cops hearings
01 Dec 2015 at 05:42hrs | Views
The Bulawayo High Court has stopped planned suitability hearings for 23 police officers recently suspended and transferred from Harare to various police stations following the arrest of three of their colleagues for soliciting for bribes.
The ruling by Justice Martin Makonese follows an urgent chamber application by the police officers challenging the setting up of a board to determine their suitability to continue on their jobs.
In the papers before the court, the 23 police officers are the applicants while Commissioner-General Augustine Chihuri, Senior Assistant Commissioner Justice Chengeta who is the chief staff officer-in-charge of ZRP human resources and the president of the suitability board were cited as the respondents.
The judge ruled that the respondents' decision to set up a suitability board was unlawful. "The board of suitability against the applicants be and is hereby suspended. The respondents' conduct against the applicants is declared wrongful and unlawful and the radio signal is hereby set aside," ruled Justice Makonese.
The police officers were stationed at Mabvuku Police Station before they were re-deployed to various stations. The officers led by Assistant Inspector Mhizha recently filed the application following their transfers and suspensions.
The applicants through their lawyer, Norman Mugiya sought an order barring their bosses from convening a board of suitability pending the finalisation of their case, arguing that it was unlawful and a violation of their constitutional rights.
Mhizha, in his founding affidavit, said they were shocked when they received a radio signal calling them to appear before the board of suitability.
He said that the board of suitability was meant to unfairly discharge them from the police service.
"No reason has been given as to why the respondents decided to convene a board of suitability against me and the rest of the applicants in violation of the provisions of section 68 (2) of the constitution. Clearly the purpose of convening the board of suitability in terms of section 50 of the Police Act is to discharge us from the police service," said Mhizha.
He queried the decision by his bosses to convene the board of suitability considering that they had not committed any crime. Mhizha argued that the board of suitability was only convened for a police officer who would have been tried in terms of the Police Act or ordinary law and convicted.
The ruling by Justice Martin Makonese follows an urgent chamber application by the police officers challenging the setting up of a board to determine their suitability to continue on their jobs.
In the papers before the court, the 23 police officers are the applicants while Commissioner-General Augustine Chihuri, Senior Assistant Commissioner Justice Chengeta who is the chief staff officer-in-charge of ZRP human resources and the president of the suitability board were cited as the respondents.
The judge ruled that the respondents' decision to set up a suitability board was unlawful. "The board of suitability against the applicants be and is hereby suspended. The respondents' conduct against the applicants is declared wrongful and unlawful and the radio signal is hereby set aside," ruled Justice Makonese.
The police officers were stationed at Mabvuku Police Station before they were re-deployed to various stations. The officers led by Assistant Inspector Mhizha recently filed the application following their transfers and suspensions.
Mhizha, in his founding affidavit, said they were shocked when they received a radio signal calling them to appear before the board of suitability.
He said that the board of suitability was meant to unfairly discharge them from the police service.
"No reason has been given as to why the respondents decided to convene a board of suitability against me and the rest of the applicants in violation of the provisions of section 68 (2) of the constitution. Clearly the purpose of convening the board of suitability in terms of section 50 of the Police Act is to discharge us from the police service," said Mhizha.
He queried the decision by his bosses to convene the board of suitability considering that they had not committed any crime. Mhizha argued that the board of suitability was only convened for a police officer who would have been tried in terms of the Police Act or ordinary law and convicted.
Source - chronicle
