Ex-Constable Machetu v The Commissioner General of Police and The Chairman of the Police Service Commission and The Minister of Home Affairs

HH 494-17

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Case Details

Court

Harare High Court

Date

28 July 2017

Citation

HH 494-17

Neutral Citation

[2017] ZWHH 494

Outcome

unknown

Case Type

Application

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Administrative lawPublic service employment law

Keywords

Police dischargeReasons for decisionAppeal dismissalPolice Service Commission

Key Issues

{"issue_text":"Whether the respondents' failure to furnish the applicant with reasons for their decision is unlawful and wrongful","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's appeal was dismissed without reasons being provided"}
{"issue_text":"Whether the Police Service Commission is properly constituted under the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant alleged commission is unconstitutional"}
{"issue_text":"Whether the applicant should be reinstated to his employment","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant was discharged and appeal was dismissed"}

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background

Facts of the Case

Background

The applicant, a police officer, was charged with and convicted of contravening paragraph 35 of the Police Act schedule, fined, and subsequently discharged from service on 10 May 2016. He appealed against his discharge, which was dismissed on 23 August 2016. He then brought this application challenging the failure to provide reasons for the dismissal of his appeal and seeking reinstatement.

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