POLICE Commissioner General, Godwin Matanga, is challenging
the reinstatement by the High Court of a junior police officer who was fired by
his predecessor for refusing to move to his new station without receiving his
travel and subsistence allowances.
Constable Samuel
Kufandada was in March 2015 transferred from Ross Camp in Bulawayo to ZRP
Makosa in Murehwa district despite having successfully challenged the move at
the Harare High Court in February 2015.
Following a court application by Const Kufandada
challenging his dismissal, Bulawayo High Court judge, Justice Maxwell Takuva,
last month nullified his dismissal.
In papers before the court, Const Kufandada had cited
former Comm-Gen Augustine Chihuri, ex-Senior Assistant Commissioner Justice
Chengeta who was then chief staff officer-in-charge of ZRP human resources, Snr
Asst Comm Stephen Mutamba who was then the officer commanding police in
Bulawayo province, the officer commanding Murehwa district, one Chief
Superintendent Chizemo and Assistant Commissioner Wilson Marecha in his
capacity as the one who initiated a radio discharging him, as respondents.
Justice Takuva also ordered the respondents to disburse
travel and subsistence allowances towards Const Kufandada’s transfer from Ross
Camp to ZRP Makosa within 14 days of the order and to pay the legal costs he
incurred.
Const Kufandada had been locked in a series of legal
disputes with his bosses resulting in him being declared a deserter and he was
subsequently fired.
Comm-Gen Matanga, through the Attorney-General’s Office,
filed an application for rescission of Justice Takuva’s ruling.
In his application,
he cited Const Kufandada, Chief Supt Chizemo, the officer-in-charge of ZRP
Makosa and ex-Snr Asst Comm Chengeta as respondents.
Comm-Gen Matanga wants an order nullifying Justice Takuva’s
ruling under case number HC2997/17. The police boss also wants Const Kufandada
to be directed to serve him with the application for review under HC3298/15
within 10 days of the order to enable him to respond.
In his founding affidavit, Comm-Gen Matanga said Const
Kufandada’s application for a default judgment was granted in error.
“The application under which the first respondent (Const
Kufandada) grounded the chamber application was removed from the roll by order
of this court to enable service on myself. I beg leave of the court to tender
the order dated July 27, 2017 and the application up to this day has not been
served on me,” he said.
Comm-Gen Matanga said Const Kufandada, apart from his
transfer, failed to report to any police station to register his presence and
availability to perform his police duties.
He said his presence at Ross Camp Police Station had
nothing to do with the allowances he had been pressing for.
“In that regard, the decision to declare the first
respondent a deserter could not be faulted since he was not reporting for duty
in excess of 21 days, and this absence in terms of the police disciplinary law
amounts to desertion. The first respondent even from the papers of record in
the main matter is not explaining his absence and his whereabouts,” said
Comm-Gen Matanga.
He argued that they could not process his transfer
allowances after Const Kufandada failed to avail documents to support his
assertion of having 10 family members, his claim for 44 days as well as his
disturbance allowances.
“When the issue was being looked into the first respondent
was evasive and could not be located to such an extent that when the transport
to ferry his goods and family was availed he was nowhere to be found and
efforts to locate him were all aborted,” said Comm-Gen Matanga.
However, Const
Kufandada argued that although he successfully challenged his transfer to
Murehwa after Justice Chinembiri-Bhunu ruled in his favour under case number
HC3240/15, he agreed to move, but his bosses refused to give him his travel and
subsistence allowances.
Const Kufandada said to show that he was eager to assume
duties at his new station, he completed and submitted to the responsible office
a claim form for travel and subsistence allowances to cater for his transfer as
well as his family but nothing was done.
“I have waited in vain for the money and despite numerous
follow ups, the respondents failed to address my plight in a surprise move that
smacks of bad faith and malice,” he said.
Const Kufandada said when his bosses sent a truck to carry
his belongings to Murehwa, he refused to comply, arguing that he was not given
travel and subsistence allowances and no accommodation arrangements were made.
He also raised the issue of his children who were supposed
to move with him to Makosa, but needed to be transferred to schools there as
well as buying new uniforms.
He said his bosses failed to secure alternative
accommodation for him at ZRP Makosa and claimed that his dismissal was linked
to a story published in this newspaper in which he was suing his bosses for
contempt of court after they defied a court order blocking his transfer.
Const Kufandada said he was discharged on 29 October 2015
as unsuitable for police duties without a disciplinary hearing. Chronicle
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