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Sexual harassment case takes another twist
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The Labour Court has overturned the dismissal of former Immigration Department officer Herbert Admire Makani, ruling that the Civil Service Commission (CSC) mishandled the disciplinary process and misapplied the law.
Makani was dismissed in August 2021 after being found guilty of allegedly sexually harassing former colleague Fortune Nyamuremba through calls and text messages between 2011 and 2014, as well as for alleged indecorous conduct.
However, in a recent judgment, Justice Bridget Chivizhe found the case against Makani to be riddled with procedural irregularities and lacking in evidence. She said the CSC's Disciplinary Committee failed to clearly link the alleged facts to specific charges or distinguish between conduct under paragraph 4 and paragraph 7 of the Public Service Regulations, 2000.
"The Disciplinary Committee merely pronounced the appellant guilty and recited the alleged facts," Justice Chivizhe said.
The court also found that the CSC misrepresented Makani's testimony by claiming he had not denied contacting Nyamuremba, despite official records showing he had "categorically denied" the allegations, stating he had "never phoned her."
Justice Chivizhe further noted that the CSC failed to produce critical evidence, such as the alleged messages or phone numbers involved. "In the absence of such evidence, the Disciplinary Authority could not reasonably or lawfully conclude that the elements of the offence were satisfied," she ruled.
She criticised the Commission for improperly shifting the burden of proof onto Makani, reminding that "he who alleges must prove… The onus was on the respondent to establish the appellant's guilt."
Citing the Kazingiingizi Dzinoruma precedent, the court warned that decisions lacking clear reasoning risk being perceived as arbitrary or capricious.
The court allowed Makani's appeal with costs, ordering his reinstatement without loss of salary or benefits from the date of dismissal. If reinstatement is not possible, the CSC must pay damages to be agreed upon within 30 days.
Makani was dismissed in August 2021 after being found guilty of allegedly sexually harassing former colleague Fortune Nyamuremba through calls and text messages between 2011 and 2014, as well as for alleged indecorous conduct.
However, in a recent judgment, Justice Bridget Chivizhe found the case against Makani to be riddled with procedural irregularities and lacking in evidence. She said the CSC's Disciplinary Committee failed to clearly link the alleged facts to specific charges or distinguish between conduct under paragraph 4 and paragraph 7 of the Public Service Regulations, 2000.
"The Disciplinary Committee merely pronounced the appellant guilty and recited the alleged facts," Justice Chivizhe said.
Justice Chivizhe further noted that the CSC failed to produce critical evidence, such as the alleged messages or phone numbers involved. "In the absence of such evidence, the Disciplinary Authority could not reasonably or lawfully conclude that the elements of the offence were satisfied," she ruled.
She criticised the Commission for improperly shifting the burden of proof onto Makani, reminding that "he who alleges must prove… The onus was on the respondent to establish the appellant's guilt."
Citing the Kazingiingizi Dzinoruma precedent, the court warned that decisions lacking clear reasoning risk being perceived as arbitrary or capricious.
The court allowed Makani's appeal with costs, ordering his reinstatement without loss of salary or benefits from the date of dismissal. If reinstatement is not possible, the CSC must pay damages to be agreed upon within 30 days.
Source - NewZimbabwe
