Sergeant Mande 047375T and Constable Mhaka O 081215B v The Chairman of the Police Service Commission and The Commissioner General of Police and The Minister of Home Affairs

HH 605-17

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Case Details

Court

Harare High Court

Date

13 September 2017

Citation

HH 605-17

Neutral Citation

[2017] ZWHH 605

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Administrative lawPolice lawProcedural law

Keywords

Founding affidavitCommissioner of oathsPoint in liminePolice Service CommissionReinstatement

Tags

Police disciplinary proceedingsDeclaratory reliefProcedural defect

legislation

Statutes Cited

Immigration Act 1971
Immigration and Asylum Act 1999
European Convention on Human Rights
Human Rights Act 1998
Nationality, Immigration and Asylum Act 2002
Immigration (Carriers' Liability) Act 1987
Asylum and Immigration Appeals Act 1993
Asylum and Immigration Act 1996
Special Immigration Appeals Commission Act 1997
Anti-terrorism, Crime and Security Act 2001
Prevention of Terrorism Act 2005
Terrorism Act 2000
Extradition Act 1989
Extradition Act 2003
Criminal Justice Act 1988
Police and Criminal Evidence Act 1984
Data Protection Act 1998
Freedom of Information Act 2000
Official Secrets Act 1989
Security Service Act 1989
Intelligence Services Act 1994
Regulation of Investigatory Powers Act 2000
Civil Aviation Act 1982
Aviation Security Act 1982
Aviation and Maritime Security Act 1990
Carriage by Air Act 1961
Carriage by Air (Application of Provisions) Order 1967
Carriage by Air Acts (Application of Provisions) Order 1967
Immigration (Leave to Enter and Remain) Order 2000
Immigration (Leave to Enter and Remain) (Amendment) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 5) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 6) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 7) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 8) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 9) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 10) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 11) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 12) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 13) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 14) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 15) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 16) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 17) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 18) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 19) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 20) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 21) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 22) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 23) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 24) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 25) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 26) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 27) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 28) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 29) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 30) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 31) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 32) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 33) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 34) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 35) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 36) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 37) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 38) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 39) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 40) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 41) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 42) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 43) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 44) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 45) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 46) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 47) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 48) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 49) Order 2002
Immigration (Leave to Enter and Remain) (Amendment) (No 50) Order 2002

ai analysis

Case Summary

Key Issues

{"issue_text":"Whether the founding affidavit was fatally defective for being stamped with a certifying stamp instead of being commissioned by a commissioner of oaths","issue_type":"procedural","dispositive":"yes","related_facts":"The founding affidavit bore a certifying stamp"}

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background

Facts of the Case

Background

Two former police officers sought a declaratory order compelling their reinstatement to the Police Service after being discharged following disciplinary proceedings. Their application was dismissed on procedural grounds due to a defective founding affidavit.

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