The High Court had reinstated the five but the army appealed
to the Supreme Court which ruled in favour of Collen Chiba, Charles Mhuri,
Bothwell Gorekore, Democracy Murambaroro and Gibson Madzinga.
“A determination that is premised on the violation of a
statute is void and of no legal effect. The respondents were neither provided
with the record of proceedings nor the reasons upon which the decision was
made.”
The officers were cleared by the Court Martial but were
sacked. “Where a dismissal is set aside
as being a nullity, the employee is reinstated as such notwithstanding the
further disciplinary proceedings that the court may order by way of remittal or
otherwise. The respondents have generally succeeded. They are entitled to their
costs of appeal, on the ordinary scale.”
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