Tsiwo and his
colleagues, who held the rank of constable, took their case to the High Court
in April 2016, challenging their dismissal from the force after they were
accused of smuggling goods from Zambia into Zimbabwe on June 25, 2009.
The trio argued
that they were unfairly convicted without being given the required 72 hours to
prepare for their defence and were denied legal representation. They also
claimed their trial was rushed.
According to
court papers, former Police Commissioner-General Augustine Chihuri insisted
that the evidence against them was strong and argued that this justified their
dismissal.
However, High
Court Judge Justice Francis Bere noted procedural irregularities in the
disciplinary process and criticised the handling of the case, highlighting the
poor record-keeping practices in police disciplinary proceedings.
Contacted for
comment, Mabvuregudo detailed the alleged procedural violations.
“There were
gross irregularities in how the trial officer handled our case. We were not
given the mandatory 72 hours to prepare for our defence,” he said.
“Rather, it was
fast-tracked, and we were tried during the night of the same day the case
happened. We were denied a legal representative.
“After the
pronouncement of the judgment, we advised the trial officer about our desire to
appeal against his verdict, and he told us we were wasting time because his
boss, former Commissioner-General Chihuri, would not tolerate anything but a
conviction.”
A board of
suitability was subsequently set up and recommended that the officers be
reinstated and retain their previous ranks.
However, the
former Commissioner-General of Police, Chihuri, defied those recommendations
and opted to dismiss them from the force, read the court papers.
The officers then appealed to the Police Service Commission, which they claim merely rubber-stamped the decision of the Commissioner-General without considering the serious allegations they were levelling against the trial officer and Chihuri.
Mabvuregudo
stated that this decision greatly affected them, causing emotional stress and
plunging them into hardships.
The police’s
appeal to the Supreme Court was upheld when they successfully argued that they
had been denied an opportunity by the High Court Judge to produce the record of
proceedings.
The matter was
then referred back to the High Court for a hearing for another trial
At the fresh
High Court hearing, the former Commissioner General once again failed to
produce the record of proceedings, which he had claimed to possess.
The matter was
set down at the High Court before Justice Ngoni Nduna. The judge ruled that the
members be reinstated as per the judgment by Justice Bere.
The reinstated
officers were represented by Dereck Kossam from Liberty Mcijo and Associates.
Kossam expressed joy at the reinstatement of the trio.
“I’m excited at
the outcome, and justice has finally prevailed. These are family men and they
were dismissed without following proper standards,” he said. Herald
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