Samuel Misi v Commissioner General of Police (N.O) and Police Service Commission

HH 667-18

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Case Details

Court

Harare High Court

Date

18 October 2018

Citation

HH 667-18

Neutral Citation

[2018] ZWHH 667

Outcome

unknown

Case Type

Application

Bench

Presiding

Muzofa J

Full Bench

Muzofa J

Areas of Law

Administrative LawPolice LawAppellate Procedure

Keywords

CondonationPolice ActBoard of suitabilityDismissalAppeal rights

Key Issues

{"issue_text":"Whether applicant has right of appeal against decision of second respondent (Police Service Commission)","issue_type":"procedural","dispositive":"yes","related_facts":"Police Act provisions, constitutional provisions, previous case law"}
{"issue_text":"Whether application for condonation should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Degree of non-compliance, explanation, prospects of success, balance of convenience"}

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background

Facts of the Case

Background

Applicant Samuel Misi, a former constable in Zimbabwe Republic Police, was found guilty of misconduct by a single officer and sentenced to 7 days imprisonment. He was subsequently discharged from service on 30 December 2016 following recommendations from a board of suitability. His appeal to the Police Service Commission was dismissed on 23 March 2017. He now seeks condonation for late noting of an appeal against this dismissal decision.

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