ZRP sued for denying policeman retirement

A POLICE officer based in Gweru is suing the Zimbabwe Republic Police for turning down his retirement after reaching pensionable age on grounds that he was bonded for five more years.

Inspector Joseph Matarutse claims his constitutional rights were being violated as he was being forced to continue working after completing 20 years of service.

Court papers show that Insp Matarutse, who was studying Natural Resources Management and Agriculture between July 2011 and July 2014 at the Midlands State University, was bonded until 2020 by the police force.

Insp Matarutse argues that he was a self-sponsored student hence the police cannot block his retirement.

According to summons filed at the High Court, Insp Matarutse cited the Officer Commanding Police Midlands, Chief Staff Officer (Human Resources Administration); Commissioner General of Police; the Police Commission and Minister of Home Affairs as the first, second, third, fourth and fifth respondents. In his founding affidavit, Insp Matarutse said he was attested into the ZRP on June 24, 1996, and has since reached pensionable service, 20 years on.

"On the 20th of September 2016, I submitted a written notice to retire from the Police Force to the third and first respondent.

"In my application for discharge, I did not give third respondents the full three months' notice but I indicated that my last working day would be 31st October 2016," he said.  "In pursuance to the above matter, I re-submitted my application for retirement and a waiver of notice that the employer is entitled to at law on the 8th of November. In that application, I indicated that my last working day was 31 December 2016. All formalities were complied with and placed before the Officer Commanding Midlands Police," he said.

Insp Matarutse said on making a follow up, his application for discharge on pensionable grounds was turned down on the grounds that he had been bonded while studying. "The conduct of the respondents undermines the Constitution in that they force me to associate with the Police Service when I no longer want.

"Further, the respondents want to force me to continue to work when I have reached pensionable service which is against the law," reads the summons.

The cop is seeking an order barring the respondents from blocking his retirement.

In their notice of opposition, the Chief of Staff and Commissioner General of Police submitted that Insp Matarutse is serving a bonding contract which is supposed to run until 2020. "Applicant waived his right in terms of Section 54, 58, 64 and 65 of the Constitution when he signed the bonding contract. He cannot be seen pleading for the same rights that he had waived," reads the notice of opposition.

The top cops said the applicant must understand that labour rights do not apply to members of the security forces.

"Furthermore this is a question that must be answered by the contract and not by law so applicant cannot rely much on law instead answers to his questions must come from the contract that he signed," reads the submissions.