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Harare High Court
TOVERENGWA MAREGA (2) v THE COMMISSIONER GENERAL OF PRISONS and THE TRIAL OFFICER
HH 140-17
Case Details
Court
Harare High Court
Date
8 March 2017
Citation
HH 140-17
Neutral Citation
[2017] ZWHH 140
Outcome
unknown
Case Type
Review
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Administrative LawPrison LawLabour Law
Keywords
ReviewDisciplinary ProceedingsDismissalAudi Alteram PartemWritten Reasons
Tags
Prison DisciplineDismissal from ServiceAudi Alteram Partem
legislation
Statutes Cited
- High Court Rules 1971
- Prisons (Staff) (Discipline) Regulations 1984
- Prisons (Staff) (Appointment and Discharge) Regulations, 1968
- Justices of Peace and Commissioners of Oaths (General) Regulations 1998
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the dismissal of the applicant from the force by the first respondent was justified","issue_type":"law","dispositive":"yes","related_facts":"Applicant's prior disciplinary record and conviction"}
- {"issue_text":"Whether the audi alteram partem principle was complied with when the decision was made to discharge him","issue_type":"law","dispositive":"yes","related_facts":"Procedure followed by disciplinary authority"}
- {"issue_text":"Whether the applicant had a right to be furnished with written reasons for his dismissal","issue_type":"law","dispositive":"yes","related_facts":"Applicant did not request written reasons"}
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background
Facts of the Case
Background
The applicant, a prison officer, was convicted of assault and fined US$50 by a disciplinary committee. The Commissioner General subsequently altered the sentence to dismissal. The applicant challenged the dismissal, arguing it was unjustified and that procedural fairness was not followed.
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