Aircraftsman Bernard Chambe v The Commander of the Airforce of Zimbabwe and The Board of Inquiry (Suitability)

HH 859-22

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Case Details

Court

Harare High Court

Date

23 November 2022

Citation

HH 859-22

Neutral Citation

[2022] ZWHH 859

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Administrative lawMilitary lawProcedural law

Keywords

CondonationLate filingDefence ActBoard of SuitabilityNatural justice

Key Issues

{"issue_text":"Whether condonation should be granted for late filing of review application","issue_type":"procedural","dispositive":"yes","related_facts":"14-month delay, health condition explanation"}
{"issue_text":"Whether there was violation of natural justice","issue_type":"law","dispositive":"no","related_facts":"Allegation that same person recommended and confirmed dismissal"}
{"issue_text":"Whether applicant was denied right to cross-examine witnesses","issue_type":"law","dispositive":"no","related_facts":"Applicant's claim vs record showing he declined to cross-examine"}

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background

Facts of the Case

Background

The applicant, an aircraftsman dismissed from the Airforce of Zimbabwe after conviction and a Board of Suitability inquiry, sought condonation to file a review application 14 months out of time. He had previously failed to appeal within the 14-day period prescribed by regulations and was denied condonation by the Defence Forces Service Commission.

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