adminMashudu Netsianda Senior Court Reporter
A BULAWAYO High Court judge told a disgruntled ex-cop who is challenging his dismissal from the Zimbabwe Republic Police (ZRP) seven years ago to stop abusing the court processes by simply accepting his fate and moving on. Justice Martin Makonese’s sentiments follow an application by Peter Kurauone, a former police inspector who was stationed at Bulawayo’s Drill Hall who is challenging his dismissal in 2008.
In the court papers, Kurauone is the applicant while President Robert Mugabe, the Minister of Home Affairs, Ignatius Chombo, ZRP Commissioner-General Augustine Chihuri and the chairman of the Police Service Commission were cited as the respondents.
Justice Makonese ruled that the matter be struck off the roll for lack of merit.
“You’re clearly abusing the court processes by continuously filing several applications yet you were properly discharged from the ZRP. Be a reasonable person and accept reality and move on. I’m sorry you can try other avenues because this court can’t help you. This matter is not properly before this court and it is accordingly struck off the roll,” ruled the judge.
Justice Makonese said he could not override an order by his counterpart Justice Lawrence Kamocha who upheld Kurauone’s dismissal in 2011. “The order by my brother judge, Justice Kamocha is still in force,” he said.
Kurauone served in the police force for 25 years before he was discharged on the grounds of unsuitability following a recommendation by the organisation’s board of inquiry.
According to a memorandum signed by President Mugabe, the then Home Affairs Minister Kembo Mohadi and ZRP Commissioner-General Augustine, Kurauone was fired after he unlawfully released a suspect from the Bulawayo Central Police Station holding cells in March 2007.
He was discharged from the police in terms of section 12 of the Police (Trials and Boards of Inquiry) Regulations. Kurauone was fired by President Mugabe by virtue of his commissioned rank. “The board of inquiry recommended that the officer (Kurauone) be discharged from the force as being “unsuitable for police duties.” Kurauone’s conduct is deplorable and tarnishes the image of ZRP. His Excellency is therefore respectfully implored to discharge number 032782G for Inspector Kurauone from ZRP in terms of section 14 (1) (b) of the Police Act,” reads part of the memo.
According to the Act, the President may promote any officer to a higher rank or reprimand, suspend, reduce in rank or discharge any officer. In the court papers, Kurauone said the board of inquiry misdirected itself on a number of issues in coming up with its decision.
“I’m challenging the manner in which I was fired by my former employer. As an inspector I had the authority and discretion to release the suspect. The sentence was harsh in the circumstances and I humbly pray that this honourable court orders that I be reinstated to my position without delay. I submit that I would suffer irreparable prejudice if I’m not immediately reinstated,” said Kurauone.
He said the board erred by failing to take into account that he was on antiretroviral therapy and married with minor children to look after including a disabled one.
“The totality of the facts that were used by the boards show that another punishment besides discharging me would’ve met the justice of the case,” argued Kurauone. He also challenged Justice Kamocha’s judgment under case number HC78/11, arguing that it was erroneously granted in favour of the respondents.
“I implore this court to rescind it with a view to correcting and restoring the court order granted under case number HC1673/09, which reinstated me,” said Kurauone.
Former judge, Justice Nicholas Ndou had under case number HC1673/09 ordered ZRP to reinstate Kurauone before Justice Kamocha overturned the ruling two years later following an appeal by Chihuri.
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