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Herald Reporter
Air Zimbabwe’s decision to haul suspended officials, acting chief executive Mr Innocent Mavhunga and company secretary Mrs Grace Pfumbidzayi, before a disciplinary committee is ultra vires provisions of the law which requires people accused of criminal offences to be handed over to the police.
Mrs Pfumbidzayi and Mr Mavhunga appeared before a disciplinary tribunal chaired by Harare lawyer Mr Wellington Pasipanodya last Friday.
Section 174 of the Criminal Law (Codification and Reform) [Chapter 9:23] spells out that it is criminal abuse of duty as public officer (1) If a public officer, in the exercise of his duty or her functions as such, intentionally – (a) does anything that is contrary to or inconsistent with his or her duty as a public officer; or (b) omits to do anything which it is his or her duty as a public officer to do; for the purpose of showing favour or disfavour to any person, he or she shall be guilty of criminal abuse of duty as a public officer and liable to a fine not exceeding level thirteen or imprisonment for period not exceeding fifteen years or both.
“The Air Zimbabwe disciplinary tribunal had no business hearing such a matter. This case is purely criminal and should have been reported to the police who would then take the officials to court. It is only a competent court that can declare the Air Zimbabwe officials guilty or innocent,” said a senior legal practitioner who spoke on condition of anonymity.
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