KHAUYEZA v MANDIZHA & ANOR 2018 (1) ZLR 601 (H)

2018 (1) ZLR p601

Flynote

Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – right not to be tried for same offence twice (s 70(1)(m)) – applicability to disciplinary proceedings – High Court – right of appeal to (ss 70(5) and 171(1)(d)) – no general right of appeal unless specifically provided for – when right of appeal exists from police disciplinary proceedings

Court – High Court – jurisdiction – review powers – court having wide review powers – review of decision of police officer in disciplinary proceedings – not available where member has elected to appeal to Commissioner-General of Police

Police – discipline – conviction by single officer for minor infraction – remedies available to member convicted – appeal – no right of appeal to High Court – only appeal lying to Commissioner-General of Police – review – when member may seek review of decision of single officer – member's right to seek review of decision of Commissioner-General on appeal

Police – suitability board – convening of following member's conviction on disciplinary charges – whether board's proceedings should be stayed pending review or appeal against disciplinary conviction