News:13 Police Officers File And Win Case Against Chihuri. Judge Orders Him To Reinstate Them
<vote /> The High Court in Bulawayo has ordered Police Commissioner-General Augustine Chihuri to reinstate 13 Zvishavane cops fired for unspecified acts of misconduct. The ruling by Justice Maxwell Takuva follows an urgent chamber application filed by the 13 police officers from the Minerals and Border Control Unit challenging their dismissal.
The aggrieved police officers, who were fired on different occasions, appealed to the Police Service Commission in terms of Section 51 of the Police Act between February and April, but their boss allegedly refused to reinstate them.
The dismissed police officers, led by Constable Mutimusakwa, recently filed the application following their dismissal through their lawyer, Mr Norman Mugiya, and sought an order directing Chihuri to reinstate them into the police service pending the finalisation of the matter.
Justice Takuva ruled that the police chief not to execute his order until the Police Service Commission has given its decision,
In the circumstance, the Commissioner-General cannot claim to have powers to discharge and not to reinstate. In my view, to argue that it is the Police Service Commission that should reinstate amounts to requiring the applicants to apply for stay of execution in circumstances where that relief has already been granted by the law. In the circumstances, it is ordered that, pending confirmation of the provisional order, an interim relief is granted ordering the first respondent to reinstate the 13 applicants into the Police Service forthwith.
The Civil Division in the AG’s Office argued that the Comm-Gen of the Police is not an employer and has no power to compel the Police Service Commission to reinstate the applicants.
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