adminMashudu Netsianda Senior Court Reporter
TWO former police officers who were retired from the police force on attaining the pensionable age, have approached the High Court seeking to be reinstated. The two, whose applications for extension of service were rejected by the police after they reached retirement age, filed an application at the Bulawayo High Court last Friday citing Home Affairs Minister, Ignatius Chombo, Police Commissioner Augustine Chihuri as well as the chairman of the Police Service Commission (PSC) as respondents.
The two who were only identified as ex-Assistant Inspector Mahachi, who was stationed at West Nicholson Police Station in Gwanda and ex-Sergeant Nzombe who was based in Plumtree, were discharged from the police force in September.
In court papers, they argued that the termination of their contracts was unlawful in terms of sections 56 and 68 (2) of the Constitution.
In their founding affidavit, the pair queried the criteria used by the respondents in discharging them, a few weeks after they had just been promoted.
“On September 11, 2015, we were told by Commissioner-General Chihuri that we should stop coming to work and to handover our police uniforms since we were no longer employed under PSC. The respondents didn’t give reasons as to why they took such drastic measures without justifiable cause,” argued the two ex-cops.
“The termination of our employment contract is done in terms of the Police Act and what the respondents did is not provided for in terms of that Act. We didn’t commit any offence to warrant the unjustified discharge.”
They said they were only notified that they were being retired on pensionable age.
“PSC didn’t approve our applications for extension of service. We had turned 53 on the day we were discharged but to our surprise they’re approving applications for members who are 55 years and above. We therefore want to know the criteria they are using to approve or disapprove applications,” they said.
“We’ve no doubt that the respondents’ conduct is a violation of sections 56 and 68 (2) of the Constitution. We accordingly seek an order that declares our termination of employment contract unlawful and wrongful.”
Mahachi and Nzombe also want the respondents to be ordered to pay the cost of suit.
The respondents have not yet filed opposition papers.
Online Reporter