Another court challenge against Chihuri filed

TWENTY-SIX police officers, who were redeployed to various police stations following the arrest of three of their colleagues for allegedly soliciting for bribes, have taken Commissioner-General Augustine Chihuri to court challenging their transfers.

The cops were last week transferred from Mabvuku Police Station in Harare while on suspension before they were moved to police stations in various parts of the country.

Sergeant Kanyemba and Constables Macharika and Chigweshe, the three cops who are accused of soliciting for bribes are also part of the police officers challenging the transfers and suspensions.

The cops, led by one Assistant Inspector Mhizha, yesterday filed an urgent chamber application specifically challenging their transfers.

The application comes barely two days after the police officers filed another urgent chamber application on Monday challenging the setting up of a board to determine their suitability to continue on their jobs

The police officers, through their lawyer, Norman Mugiya, are seeking an order reversing their transfers and suspensions pending the finalisation of the matter.

In the papers before the court, the 26 police officers are the applicants while Commissioner-General Chihuri, Senior Assistant Commissioner Justice Chengeta, who is the chief staff officer-in-charge of ZRP human resources and the president of the suitability board were cited as the respondents.

Asst Insp Mhizha, in his founding affidavit, said they were being punished on the basis of conduct which had nothing to do with them.

"I'm shocked why the respondents decided to punish me and the other applicants on the basis of conduct which had nothing to do with me. The respondents ought to have given written reasons in terms of section 68(2) of the Constitution for unlawful transfer meant to disadvantage us," he said.

Asst Insp Mhizha who has been a resident of Harare for the past four years said his transfer has also affected his children's right to education.

The applicants said they were given 24 hours to pack their goods for their new stations without their employer assisting in ferrying their properties.

"It would be better if the transfer was done according to the organisation's policy which we know that we would have been advised on time and given adequate time to prepare with ZRP assisting in the relocation. We were also suspended for no apparent reason and don't know why the respondents decided to do so. It's clear that the suspensions were illegal and not approved by Chihuri as the law demands that they make a reference to false allegations," argued Asst Insp Mhizha.

The applicants described the decision by their superiors to transfer and suspend them as an act of workplace harassment

Const Magadzire, who was also affected, in his supporting affidavit, said he had not resumed duties following a six-month sick leave when he received a letter about the suspension and transfer.

"When the three police officers were arrested for alleged bribery, I didn't even know what was happening since I was on sick leave. I was run over by a speeding car while manning a roadblock and I was only discharged from hospital last week. The letter from the respondents lied that I was charged in terms of ordinary law," he said.

Const Chikara in his supporting affidavit said he was equally shocked to receive a letter of suspension soon after his arrival from highway traffic patrol in Bulawayo. Const Kwepere, who was transferred to Lupane Police Station, also associated himself with the contents of Asst Insp Mhizha's founding affidavit.

Sergeant Mangwende said she was informed of her transfer and suspension while on maternity leave. "I'm being harassed by my superior for a conduct which occurred during my absence. I was surprised when the respondents illegally transferred and suspended me for no apparent reason which is contrary to the due process of the law," she said.

Sgt Mangwende said she was not linked to the offence committed by the three police officers.

The police officers want the court to grant them an interim relief ordering their bosses to reverse the transfers and suspensions until the matter is finalised.

Last year, the ZRP fired 300 police officers for corruption. The cops were found guilty among other breaches of the ZRP Charter of receiving bribes from motorists who had fallen foul of road regulations.