Ex-Constable Gani 987343Y v The Commissioner General of Police and The Police Service Commission

HH 570-22

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Case Details

Court

Harare High Court

Date

24 August 2022

Citation

HH 570-22

Neutral Citation

[2022] ZWHH 570

Outcome

unknown

Case Type

Condonation

Bench

Presiding

MANGOTA J

Full Bench

MANGOTA J

Areas of Law

Administrative lawPolice lawCivil procedure

Keywords

CondonationLate filingPolice ActReasons for decisionJudicial review

Key Issues

{"issue_text":"Whether applicant should be granted condonation for late filing of review application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant filed 2 years 5 months late; previous declaratory application struck off; COVID-19 affected operations"}
{"issue_text":"Whether reasons provided by assistant commissioner constitute valid reasons from the first respondent","issue_type":"law","dispositive":"no","related_facts":"R.M. Basera provided reasons, not the first respondent himself"}

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Facts of the Case

Background

The applicant, an ex-constable, was discharged from the Police Service after her appeal against conviction was dismissed without reasons. She successfully compelled the respondent to provide reasons through court order HC 42/18, receiving them on 14 February 2019. She filed a declaratory application (HC 2450/20) which was struck off the roll on 6 July 2021, with the court advising she should have applied for review instead. She now seeks condonation for late filing of review application.

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