RTD Colonel Nicodemus Gukwa v Grain Marketing Board

Key Issues

• {"issue_text":"Whether disciplinary committee erred by proceeding without oral testimony of crucial witnesses","issue_type":"procedural","dispositive":"no","related_facts":"Appellant's claim that witnesses Tsitsi Bhudhiyo, Kandeya and Chitungwa were crucial"}
• {"issue_text":"Whether appellant's defence was controverted by independent evidence","issue_type":"factual","dispositive":"no","related_facts":"Appellant's defence that he was misled by subordinates"}
• {"issue_text":"Whether rules of natural justice were transgressed by Loss Control Department acting as investigators, adjudicators and witnesses","issue_type":"procedural","dispositive":"no","related_facts":"Loss Control Department's dual role in investigation and adjudication"}
• {"issue_text":"Whether verdict/penalty was manifestly excessive","issue_type":"mixed","dispositive":"no","related_facts":"Summary dismissal as penalty for misconduct"}
• {"issue_text":"Whether decision was complete misdirection of facts","issue_type":"factual","dispositive":"no","related_facts":"Subordinate's confession and appellant's supervisory responsibilities"}

Background