Zim GBC News | Crimes and Courts
In a landmark ruling that underscores the importance of procedural justice, three Zimbabwe Republic Police officers who were dismissed in 2016 have been reinstated after a nearly decade-long legal battle that exposed significant irregularities in police disciplinary processes.
Constables Kenneth Tsiwo, Trouble Chikwati, and Last Mabvuregudo have successfully reclaimed their positions after the High Court found their original dismissal for alleged smuggling of goods from Zambia in 2009 was handled improperly.
The officers’ protracted journey through the judicial system began in April 2016 when they challenged their dismissal, arguing they were denied basic procedural rights.
In an exclusive interview Mabvuregudo detailed the violations they endured:
“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. 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.”
The case revealed concerning practices within the police disciplinary system, with High Court Judge Justice Francis Bere noting procedural irregularities and criticizing the poor record-keeping practices in police disciplinary proceedings.
Mabvuregudo further revealed the pressure they faced from leadership:
“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.”
Despite a board of suitability recommending reinstatement, former Police Commissioner-General Augustine Chihuri defied these recommendations and dismissed the officers. The Police Service Commission subsequently rubber-stamped this decision without addressing the procedural concerns.
The officers’ legal representative, Dereck Kossam from Liberty Mcijo and Associates, expressed satisfaction with the outcome:
“I’m excited at the outcome, and justice has finally prevailed. These are family men and they were dismissed without following proper standards.”
The case ultimately reached the Supreme Court, which referred the matter back to the High Court after the police failed to produce the record of proceedings they claimed to possess. Justice Ngoni Nduna finally ruled in favor of reinstating the officers as per Justice Bere’s original judgment.
The reinstatement ends nearly ten years of emotional and financial hardship for the three officers, while setting an important precedent for procedural fairness in police disciplinary matters.
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