Tuesday, 29 November 2016

SACKED COP SUES CHIHURI

A BULAWAYO police officer, who was fired after he left the country without permission from Police Commissioner General Augustine Chihuri, has sued the Police Service Commission and the police boss seeking to be reinstated.

Oscar Mlotshwa filed an application for review of his dismissal on November 23 at the Bulawayo High Court citing the Police Service Commission and Chihuri as the first and second respondents, respectively.

“The first respondent committed an error of law when he confirmed the decision of the second respondent without a consideration whatsoever of the factors surrounding the matter,” reads the application in part.

“There is bias, malice and serious irregularities surrounding the matter, as the trial, which led to the applicant’s dismissal, was never concluded, the applicant never benefited from section S1 of the Police Act. The suitability board was never conducted procedurally.

“The suitability board, which was not convened procedurally, be, hereby, nullified.”
Mlotshwa further said his discharge from the force must be nullified on the basis of an uncompleted and unlawful trial. He said he should be reinstate with his benefits. He also wants his bosses to bear the costs of the suit.

In his founding affidavit, he said the decision to fire him was done maliciously, reflecting bias and without consideration to the lawful procedures. In his point in limine, he said he was tried under the Police Act Chapter 11:10 and convicted of leaving the country without Chihuri’s permission.

“The matter was reviewed by the Commissioner General as usual and a trial de novo (fresh trial) was ordered. The trial de novo started and the defence demanded more evidence, which the State failed to provide. The trial was halted.

“The authorities were informed that the evidence needed could not be obtained and they decided to convene a board of suitability using the first charge, which was quashed. In doing so, it was a serious irregularity,” reads an affidavit in part.

“The date of the board of suitability was set, but the defence and the court did not agree on the terms of the board and why it was being done. This led to the respondents proceeding with the suitability board without the applicant and his defence counsel and in so doing; it was an error of law.”

He said as a result, he was discharged from the service and he noted an appeal, but was never allowed to continue with his job.

Mlotshwa said in doing so, the respondents violated the law and he was supposed to go back to work on the position he occupied before the discharge.

“Considering all the facts surrounding the matter, I never received a fair treatment from the national organisation and my discharge was maliciously done. Therefore, I pray for reinstatement,” he submitted.

The Police Service Commission and Chihuri are yet to respond to the application. Newsday

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