Ruben Zimondi v The Secretary Public Service Commission & 3 Ors

HMT 2-19

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Case Details

Court

Mutare High Court

Date

24 January 2019

Citation

HMT 2-19

Neutral Citation

[2019] ZWHMT 2

Outcome

unknown

Case Type

Application

Bench

Presiding

MUZENDA J

Full Bench

MUZENDA J

Areas of Law

Administrative lawPublic service lawDisciplinary law

Keywords

Public Service CommissionPrisons and Correctional ServiceCommissioned officerDischargeAppealJurisdictionCitation

Key Issues

{"issue_text":"Whether the applicant properly cited the Secretary of the Public Service Commission as respondent instead of the Commission itself","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant cited Secretary as 1st respondent; respondents argued Public Service Commission should have been cited"}

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background

Facts of the Case

Background

The applicant, a Superintendent in the Zimbabwe Prisons and Correctional Service, was discharged in January 2015 after being found guilty of contravening disciplinary regulations by making disparaging remarks about the First Lady. His appeals to the Commissioner and then to the Public Service Commission were unsuccessful, with the latter refusing to entertain his appeal citing lack of jurisdiction over commissioned officers. The applicant then approached the High Court seeking declaratory relief and an order compelling the Public Service Commission to hear his appeal.

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