Mekias Kakava V Registrar-General AND Minister OF HOME Affairs

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/806/2016
HARARE 16 NOVEMBER 2016
CASE NO. LC/H/806/2016
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IN THE LABOUR COURT OF ZIMBABWE	                 JUDGMENT NO. LC/H/806/2016

HARARE 16 NOVEMBER 2016				       CASE NO. LC/H/146/16

AND 30 DECEMBER 2016

MEKIAS KAKAVA						Appellant

REGISTRAR-GENERAL					1st Respondent

MINISTER OF HOME AFFAIRS				2nd Respondent

Before The Honourable G. Musariri, Judge:

For Appellant		Mr M. Kakava, Appellant

For Respondent		Mr C. Chopamba, Attorney

MUSARIRI, J:

Appellant worked for Respondents as an Acting District Registrar at Buhera.  He was charged with misconduct. A hearing was held.  He was found guilty and got dismissed from employment.  The dismissal letter dated 15th February 2016 is filed of record.  Appellant then appealed to this Court against his dismissal.  Respondents opposed the appeal.

The grounds of appeal challenge both the verdict and penalty.  Accordingly I will deal with the appeal under the two heads.

Verdict

The allegations against Appellant were as follows,

“… in that in December 2013, as Acting District Registrar for Buhera District Registry, you failed to perform your duties as Head of Office when you authorized in the Zimbabwe Population Registration System (ZPRS) Rufaro Laurel Dhewa’s registration.  The child’s Notice of Birth Form (BDI) had been falsely completed at Gaza Sub-Office by Mr Bonus Ndakurirwa.  The child was not born at Murambinda Hospital as stated on the BDI form.  The BDI form had no birth confirmation attached to it to prove that.  The maternity register number was also not endorsed on the same form as required.  You thus were not supposed to have proceeded to authorize this registration as it had inadequate information. …”

Minutes of the disciplinary hearing are filed on record. Appellant responded to the allegations as follows,

“Chairperson

So you agree there is missing information?

Mr Kakava

Yes

Chairperson

Do you agree there is missing information on that form I have given you?

Mr Kakava

This one for Rufaro Laurel Dhewa.

Ms Hove

Did you confirm the birth place of the child?

Mr Kakava

Yes it is written Murambwi Gardens Clinic.

Ms Hove

Did you check where the child was registered in the first place?

Mr Kakava

In Mutare, and the child was registered with two different fathers.

Mr Mabika

Murambinda Hospital said if it gave Birth Confirmation Records without serial numbers, it was long back.  We would accept those records for 2013.  The District Registrar also said Murambinda Hospital says it always has Birth Confirmation records in place, and have never run short of them.”

Appellant admitted that he entered the birth of the Dhewa child into the system without the supporting documents.  There was no proper confirmation of the child’s birth.  Murambinda Hospital was  indicated on the notice as the birthplace.  Appellant was required to ensure that the supporting documents were available and confirmed the birth.  He nonetheless entered the birth in the absence of the necessary confirmation.  It turned out that the child was not born at Murambinda.  It was born in Mutare. It was registered with a different father from the one entered by Appellant.  On these facts the disciplinary authority found Appellant guilty of misconduct.  I am satisfied that the authority had a proper basis for finding as they did.

Penalty

Birth certificates are very important documents issued by the State. In fact they are considered as security documents. Appellant, as the boss at the Buhera registry, was entrusted with the duty to ensure that such documents are issued upon entry of correct and truthful information.  He breached the trust reposed in him by entering births into the system without following established procedures. In the process he entered false information into system.  His actions involved three (3) other irregular entries.  Appellant’s blameworthiness was high in the circumstances Respondents were entitled to take a serious view of the misconduct as reflected in their dismissal of Appellant.  All in all, I conclude that the appeal lacks merit and needs be dismissed.

Wherefore it is ordered that,

The appeal be and is hereby dismissed; and

Each party shall bear its own costs.

G. MUSARIRI

J-U-D-G-E