adminThulani Ndlovu Sunday News Correspondent
A ZIMBABWE Prison Services (ZPS) official, who was demoted last month for having an affair with an ex-inmate, has been re-instated as Principal Prison Officer.
Sithembile Masuku (46), who had been an employee of the ZPS for 24 years was demoted after being charged and found guilty of having a love affair with an ex-convict, Douglas Denga.
Ms Masuku was charged with breaching Standing Orders of ZPS which relate to discipline, regulation and orderly conduct of the affairs of the service as read with Section 3 (15) of the Prisons Staff, Discipline Regulations 1984, that is “with intent to cause any breach of the provisions of the terms of the Act (Zimbabwe Prisons Act Chapter 7:11), conducting correspondence or personal relations with persons who have been discharged from prison or with relatives or friends or friends of persons who have been charged there-from.”
The High Court set aside the demotion and directed the chairperson of the disciplinary court, Superintendent Claudius Chidarikire, and the ZPS to re-instate Masuku.
Bulawayo High Court Judge, Justice Maxwell Takuva said after reading documents filed by Mr Zibusiso Ncube of Messrs Calderwood, Bryce and Partners, he was of the opinion that no offence was committed by the accused.
“The ruling of Chidarikire in the disciplinary matter involving respondent dismissing the application for discharge at the close of the State case be and it is hereby set aside,” Justice Takuva said.
“The application for discharge at the close of the State case is granted and the accused is found not guilty and acquitted.”
Justice Takuva directed ZPS to pay the costs of suit.
Masuku’s case caused alarm in social circles and city lawyers castigated the law that censured her as unconstitutional.
Mr Dumisani Dube of Cheda and Partners said Government needed to speed up the process of re-aligning laws with the current constitution.
“The whole process of incarcerating a prisoner is to rehabilitate them, so that when they go back into society they participate fully and contribute meaningfully as members. If after they have served their sentences you continue to put restrictions on their private lives, you are still isolating them and viewing them as criminals,” he said.
Government has re-committed itself to aligning the laws of the country with the new constitution. However, the Parliament’s assistant clerk Mr Johane Gandiwa advised that the realignment process would take long to complete.
“It is a very long process which involves the executive discussing and taking back draft legislation to the public,” Mr Gandiwa said.
Online Reporter