Three ZRP cops who were fired in 2016 finally get their jobs back after 10-year legal battle

Three police officers, Kenneth Tsiwo, Trouble Chikwati, and Last Mabvuregudo, who were dismissed in 2016 for allegedly being involved in smuggling of goods, have been reinstated after a near 10-year legal battle for their jobs.

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