Constable Chadenga versus Chief Superintendent Hambira and Commissioner General of Police and Police Service Commission

HH 267-25

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Case Details

Court

Harare High Court

Date

26 February 2025

Citation

HH 267-25

Neutral Citation

[2025] ZWHH 267

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Takuva J

Full Bench

Takuva J

Areas of Law

Administrative LawPolice LawCivil Procedure

Keywords

Stay of executionPoints in liminePolice ActHigh Court Rules

Key Issues

{"issue_text":"Whether respondents' notices of opposition filed in wrong format render application unopposed","issue_type":"procedural","dispositive":"yes","related_facts":"Respondents used different format than Form 24 prescribed under r 59(7)"}
{"issue_text":"Whether first respondent's opposing affidavit was properly commissioned","issue_type":"procedural","dispositive":"yes","related_facts":"Attached signed paper rather than proper commissioning"}

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Facts of the Case

Background

Applicant, a police constable, was convicted and sentenced to 14 days imprisonment by first respondent. His appeal was dismissed by second respondent. He filed a review application challenging both decisions, which was noted as filed out of time. He then applied for condonation. While these applications are pending, first respondent served him with an order to appear before a board of suitability intending to dismiss him under s 50 of the Police Act. He now seeks stay of execution of these proceedings.

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