ZORORAI MALASHA and PATRICK PETER MATONGO v THE CHAIRMAN OF THE DISCIPLINARY COMMITTEE (MR I.N. KAJENGO) and SECRETARY FOR HIGHER AND TERTIARY EDUCATION and SECRETARY PUBLIC SERVICE COMMISSION and DIRECTOR CIVIL DIVISION

Key Issues

• {"issue_text":"Whether the respondents failed to comply with section 4(2)(b) of the Public Service Regulations by not providing inspection of documentary evidence","issue_type":"procedural","dispositive":"no","related_facts":"Applicants were informed of where evidence could be inspected but did not avail themselves of the opportunity"}
• {"issue_text":"Whether the composition of the disciplinary committee created bias that would prevent a fair hearing","issue_type":"procedural","dispositive":"no","related_facts":"Committee members were junior officers under the chairman's supervision"}
• {"issue_text":"Whether an interdict is the appropriate remedy for alleged procedural irregularities in disciplinary proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants sought to interdict the hearing scheduled for 1 June 2010"}

Background