The six include Collen Chiba, Charles Mhuri, Bothwell
Gorekore, Hillary Mubariki, Democracy Murambadoro and Gibson Madzinga.
Chiba and others had approached the High Court on review
after a suitability board had dismissed them even after they were cleared of
all wrongdoing by a court martial.
Commander Defence Forces Philip Valerio Sibanda and Defence
and War Veterans Minister Oppah Muchingura were cited as respondents.
The six had based their arguments on the view that the
decision to discharge them was irregular and un-procedural.
They were charged with theft of State property in terms of
the Defence Act [Chapter 11:02] and were brought before a court martial for
trial.
A judge advocate (Squadron Leader Timothy Kambudzi) had
presided over the six’s trial before clearing the crew claiming the State had
failed to prove a prima facie case against them.
However, according to the application, the six claimed they
were dismissed without due process.
“The soldiers said that they were neither afforded the
opportunity to give evidence nor cross examine witnesses or interrogate
documents relied on by the board.
Their case was that they were not heard before they were
discharged.
“However, while this may be so, them having been found not
guilty of theft, the ZDF Commander could not insist that he was relying on
theft and past conduct for the discharge,” ruled Justice Chinamora.
The judge went on to set aside the decision to dismiss the
six from duty.
“In the result, the decision of the ZDF Commander
discharging the six from ZNA service communicated on February 7, 2019 be and is
hereby set aside.
“The six be and hereby reinstated to their positions
without loss of benefits.
“The respondents shall pay costs of suit, jointly and
severally, the one paying the other to be absolved,” ruled the Judge. H Metro
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