News / National
Evicted cop drags Matanga to court
12 Aug 2021 at 03:15hrs | Views
POLICE Commissioner General, Godwin Matanga, has been dragged to court by a former police officer, Tadiwa Chadiwa, after he sent ex-colleagues to evict him out of a house in St Mary's, Chitungwiza.
Matanga is jointly sued with the Police Service Commission.
Chadiwa was discharged from the police service on February 27 2014.
He was fined $10 for an offence which he denies.
Unsatisfied with the conviction, he approached the high Court the same year with an application to be allowed to file a review which was granted on June 30 2016.
He then applied for review and the application is still pending.
In his urgent chamber application, Chadiwa said he has been staying at St Mary's police residence since then and continued staying there after he was told to do so by Officer commanding Chitungwiza.
However, some officers were recently sent to evict him without a notice or a court order.
"I once approached Officer Commanding Chitungwiza to check my residence status who told me that I could stay in the police residence until my court matters are finalised. This was om August 4 2016,"he said.
"I have been residing thereat without any skirmishes at all until recently when the ZRP officers came and told me to leave. I told them of the assurance I was given by the officer commanding Chitungwiza District on that issue but it seems they are adamant that I must leave.
"The ZRP is not above the law, in fact they are the custodian of the law and we expect a greater respect of the law than this disdain or utter disregard of the law. I am aware of the standing orders, there is nowhere in the standing orders where the police is allowed to evict without a court order and in fact the constitution is supreme to all other laws. I am alive to the fact that Section 74 of the Constitution applies the respondents."
He said he was never served with a notice.
"It is also clear that the chop is now on me and that respondents have become a law unto themselves and seem unstoppable. I had no option than to approach this court,"he said.
Chadiwa wants an order barring the police from evicting him.
The matter is yet to be heard.
Matanga is jointly sued with the Police Service Commission.
Chadiwa was discharged from the police service on February 27 2014.
He was fined $10 for an offence which he denies.
Unsatisfied with the conviction, he approached the high Court the same year with an application to be allowed to file a review which was granted on June 30 2016.
He then applied for review and the application is still pending.
In his urgent chamber application, Chadiwa said he has been staying at St Mary's police residence since then and continued staying there after he was told to do so by Officer commanding Chitungwiza.
However, some officers were recently sent to evict him without a notice or a court order.
"I once approached Officer Commanding Chitungwiza to check my residence status who told me that I could stay in the police residence until my court matters are finalised. This was om August 4 2016,"he said.
"I have been residing thereat without any skirmishes at all until recently when the ZRP officers came and told me to leave. I told them of the assurance I was given by the officer commanding Chitungwiza District on that issue but it seems they are adamant that I must leave.
"The ZRP is not above the law, in fact they are the custodian of the law and we expect a greater respect of the law than this disdain or utter disregard of the law. I am aware of the standing orders, there is nowhere in the standing orders where the police is allowed to evict without a court order and in fact the constitution is supreme to all other laws. I am alive to the fact that Section 74 of the Constitution applies the respondents."
He said he was never served with a notice.
"It is also clear that the chop is now on me and that respondents have become a law unto themselves and seem unstoppable. I had no option than to approach this court,"he said.
Chadiwa wants an order barring the police from evicting him.
The matter is yet to be heard.
Source - newzimbabwe
