Constitutional Court trashes lecturer application

The Constitutional Court of Zimbabwe has dismissed former Chinhoyi University of Technology lecturer Godfrey Mugari's application challenging his dismissal, ruling that he had waived his right to a fair hearing.

Mugari had sought a declaratory order claiming his dismissal over absenteeism and unauthorised release of confidential information was unconstitutional. He argued that being in China during the disciplinary proceedings prevented him from defending himself.

Justice Hlatshwayo, sitting with two other judges, ruled that Mugari's absence was due to his own actions, leaving the country without the university's authorisation. The court also noted that his legal counsel had withdrawn from the proceedings, effectively waiving his right to representation.

"The right to be heard… is not absolute and can be waived or forfeited where the beneficiary is at fault," the court stated.

The judgment emphasised the need to uphold the integrity of disciplinary processes, warning against creating a precedent that allows employees to evade consequences by absenting themselves.