Frank Vutabwarova v The Chairman, Board of Enquiry and The Director Administration in The President’s Department and The Director General in The President’s Department and The Central Intelligence Organisation

HH 207-12

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Case Details

Court

Harare High Court

Date

19 March 2012

Citation

HH 207-12

Neutral Citation

[2012] ZWHH 207

Outcome

unknown

Case Type

Review

Bench

Presiding

MTSHIYA J

Full Bench

MTSHIYA J

Areas of Law

Administrative LawPublic Service Law

Keywords

Public Service RegulationsDisciplinary BoardJurisdictionCentral Intelligence OrganisationReinstatement

Key Issues

{"issue_text":"Whether the Board of Inquiry had jurisdiction to determine misconduct allegations against a CIO member using Public Service Regulations","issue_type":"law","dispositive":"yes","related_facts":"Applicant is CIO member; Board used Public Service Regulations; CIO excluded from Public Service"}

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background

Facts of the Case

Background

The applicant, a District Intelligence Officer employed by the Central Intelligence Organisation since 1988, was subjected to disciplinary proceedings under Public Service Regulations after being implicated in a copper theft case. The Board of Inquiry recommended demotion, but the Director General discharged him. The applicant sought review, arguing the Board lacked jurisdiction as CIO members are excluded from Public Service.

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