Kudakwashe Chimombe v Commissioner General and Officer Commanding Southerton Police

### Preamble
HH 167-11
HC 7501/11
KUDAKWASHE CHIMOMBE
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KUDAKWASHE CHIMOMBE

versus

COMMISSIONER GENERAL

and

OFFICER COMMANDING SOUTHERTON POLICE

HIGH COURT OF

BHUNU J

HARARE, 4 August 2011 and 5 August 2011

Urgent Chamber Application

BHUNU J:  The applicant is a police officer.  He was charged with acting in a manner likely to bring discredit to the Police Force in contravention of para 35 of the Schedule to the Police Act [Cap 11:10].  A perusal of the record of proceedings shows that he was caught red handed in a police trap after demanding and receiving a bribe.  He was searched and found in possession of the bait money.

Eye witnesses gave evidence to that effect.  The applicant was given his day in the Police Tribunal.  Those who determined his case gave concise and cogent reasons for their determination and sentence.  He was on the basis of what appears on the face of it to be overwhelming evidence convicted and sentenced after contest to 7 days imprisonment at Chikurubi Detention Barracks.

The mere fact that the applicant is about to be imprisoned before the outcome of his appeal or review cannot without more create urgency.  It is normal and lawful in our jurisdiction for convicts to appeal or apply for review while serving their sentences regardless of the outcome of the Judicial proceedings.

It is for the foregoing reasons that I ruled this matter is not urgent.  It is accordingly so determined.

Magoge – Mashindi & Muzenda Attorneys, applicant’