AN ex-junior female traffic cop who was fired after she was
found in possession of $3 excess money at a roadblock in January has taken
Commissioner-General Godwin Matanga to court challenging her dismissal.
Ex-Constable Nyarai Chigaro, who was based in Victoria
Falls and was discharged on January 9 this year, is seeking an order setting
aside her dismissal.
She also wants an order directing the police boss to
immediately reinstate her without loss of pay and benefits.
Chigaro, through her lawyers Mvhiringi and Associates, filed
an application for review at the Bulawayo High Court citing Comm-Gen Matanga
and the officer commanding police in Hwange district, Chief Superintendent
Newton Mutomba as respondents.
Chief Supt Mutomba was cited in his capacity as the
president of the suitability board of enquiry that recommended Chigaro’s
dismissal.
In her grounds of appeal, Chigaro said the respondents
grossly erred by discharging her without taking into consideration the highly
mitigatory factors in her favour.
She said she was a junior cop who lacked guidance from her
superiors at the time of committing the offence. “I was working under the
supervision of more senior members who did not give me sufficient guidance. My
misconduct was a mistake and not a deliberate case of dishonesty and I am a
first offender who deserved a second chance,” said Chigaro.
She said her former bosses overlooked the fact that it was
not clear how much money was found on her.
Chigaro, in her founding affidavit, said she was tried by a
single officer in an improper manner in violation of the Police Act and fined
$10.
“I filed my appeal against my conviction with the first
respondent (Comm-Gen Matanga). However, I was surprised to be advised that my
appeal had been dismissed,” she said.
Chigaro argued that during her disciplinary hearing, the
investigating officer and one of the witnesses was also one of the members of
the board of enquiry which contravened section 50 (1) of the Police Act.
The fired cop said she was not served with the outcome of
the enquiry, but was shocked when she received a discharge order. Chigaro argued that the action is in violation of the
Police Act.
“The manner in which the enquiry into my suitability to
remain a member of the police service was conducted was irregular as it
violated a statutory provision as well as the supreme law of the country.
Failure to provide me with written reasons was a violation of my constitutional
rights,” she said.
On January 12 last year, Chigaro was deployed on traffic
enforcement at the 430km peg along the Bulawayo-Victoria Falls road.
At round 1.40PM, one Assistant Commissioner A Mangezi
visited the site of the roadblock.
Upon arrival, he conducted a spot check and discovered that
Chigaro was in possession of $3 excess money, which she failed to account for
leading to her arrest. Newsday
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