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Police constable fights dismissal
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The High Court of Zimbabwe has dismissed preliminary objections raised by Constable Wellington Chadenga, who was challenging his dismissal from the Zimbabwe Republic Police (ZRP). The case, which is set to proceed to a full hearing, centers on Chadenga's conviction and subsequent dismissal from the police service.
Justice Wellington Takava Takuya presided over the matter and ruled that the objections raised by Chadenga were not sufficient to halt the proceedings. The constable had sought a stay of dismissal from the police service, challenging the decision made by Chief Superintendent Naison Hambira and Police Commissioner-General, who are the respondents in the case.
The respondents had filed notices of opposition, which were deemed valid by the court. Despite some deviation from the standard format of these notices, the court accepted them, determining that this did not invalidate the proceedings.
With the preliminary objections dismissed, the case will now move forward to a full hearing on its merits. The central issue in the case revolves around Chadenga's conviction in January 2024, where he was sentenced to 14 days in prison. Chadenga then appealed the decision and sought a review of the ruling, arguing that his dismissal from the police force was being pursued without consideration of his pending legal applications.
Chadenga's legal team contended that the decision to dismiss him from the police service was premature, given that his appeal and review applications had not been fully addressed.
The court's ruling allows the case to continue, ensuring that all parties involved have the opportunity to present their arguments. As the matter moves forward, it is expected that a more comprehensive examination of the facts and the legal arguments will take place, with the potential for a significant ruling on the validity of Chadenga's dismissal.
The outcome of the case could set a precedent for similar disputes within the police force, particularly regarding the handling of disciplinary actions and the timing of dismissals when appeals are pending.
Justice Wellington Takava Takuya presided over the matter and ruled that the objections raised by Chadenga were not sufficient to halt the proceedings. The constable had sought a stay of dismissal from the police service, challenging the decision made by Chief Superintendent Naison Hambira and Police Commissioner-General, who are the respondents in the case.
The respondents had filed notices of opposition, which were deemed valid by the court. Despite some deviation from the standard format of these notices, the court accepted them, determining that this did not invalidate the proceedings.
Chadenga's legal team contended that the decision to dismiss him from the police service was premature, given that his appeal and review applications had not been fully addressed.
The court's ruling allows the case to continue, ensuring that all parties involved have the opportunity to present their arguments. As the matter moves forward, it is expected that a more comprehensive examination of the facts and the legal arguments will take place, with the potential for a significant ruling on the validity of Chadenga's dismissal.
The outcome of the case could set a precedent for similar disputes within the police force, particularly regarding the handling of disciplinary actions and the timing of dismissals when appeals are pending.
Source - southern eye
