High Court quashes disciplinary hearing for police officer who stopped bus with Zanu PF supporters

By Mashudu Netsianda

The High Court has quashed proceedings of a disciplinary hearing against a Bulawayo police officer who was convicted and fined $10 for detaining a bus which was carrying Zanu-PF delegates to Harare without the requisite documents.

The ruling by Bulawayo High Court judge Justice Nokuthula Moyo follows an application for review by one Sergeant Mhodza who sought an order setting aside his conviction and sentence by his superiors.

Sgt Mhodza first appealed against his conviction and sentence to the then Commissioner-General Augustine Chihuri who however, dismissed the application.

In papers before the court, Sgt Mhodza cited former Commissioner-General Augustine Chihuri and Superintendent Lithini Ndlovu, the trial officer who presided over the proceedings, as respondents.

Justice Moyo ruled that the principles of justice were not followed during the trial of Sgt Mhodza. She set aside both conviction and sentence.

“It is ordered that the conviction and sentence of the applicant (Sgt Mhodza) by the respondents be and is hereby set aside. The prosecution of the applicant in terms of the Police Act on the same allegations be and hereby permanently stayed,” ruled the judge.

Sgt Mhodza through his lawyers Mugiya and Macharaga Law Chambers said the manner in which his bosses dealt with his case was unprocedural and irregular and contrary to the principles of natural justice.“The second respondent (Chihuri) merely rubber stamped my conviction by the first respondent (Supt Ndlovu) , which was not in accordance with the law to the extent that it is incompetent and legally untenable,” he said.

Sgt Mhodza said Chihuri grossly misdirected himself when he allowed a conviction imposed by the trial officer, arguing that it was a violation of his fundamental rights to legal representation. He said the trial officer convicted him on the basis of pure pressure from his superiors.

“It is enshrined in the constitution that as police we should carry out our duties without fear or favour. I had performed my duties correctly, but to a political party, I should not have enforced the law,” argued Sgt Mhodza.

He said the evidence which was led during the trial showed that he never committed any offence.

“It is clear that the first respondent did not follow the basic tenets of procedural law as he was intoxicated with the desire to convict me at the expense of administering justice. The second respondent’s reasons for confirming my conviction are shockingly out of order and legally unsustainable and the conviction ought to be set aside,” said Sgt Mhodza.

According to court papers, on August 7 in 2014 at around 8.30PM, Sgt Mhodza and his team were manning a roadblock along the Bulawayo-Harare road when they stopped an Inter-Africa bus carrying Zanu-PF delegates who were travelling from Nkayi to Harare for a party congress.

Sgt Mhodza asked the driver to produce a hire permit authorising him to carry passengers and he failed to do so. The police officer then ordered the driver to pull off the road and pay a $15 fine.

Some delegates in the bus confronted Sgt Mhodza and demanded that he release the bus. A cop only identified as Constable Sibanda, who was escorting the bus, pleaded with Sgt Mhodza to release the bus, but he stood his ground.

Const Sibanda phoned one Assistant Commissioner Nduro informing him about the issue. Asst Comm Nduro in turn ordered Sgt Mhodza to immediately release the bus and he complied.

Sgt Mhodza was subsequently hauled before a police court on charges of breaching a section of the Police Act (acting in an unbecoming manner). In their opposing affidavits, the respondents through the Civil Division in the Attorney-General’s Office argued that the decision to convict Sgt Mhodza was after a clear analysis of evidence adduced in court.

“The reasons were given to justify the sentence and the applicant was convicted on the basis of evidence adduced in court by competent witnesses. The fact that the delegates who were in the bus were Zanu-PF officials is neither here nor there. What was at stake was the delay caused by the applicant in serving the bus,” said Supt Ndlovu in his opposing affidavit.

“The law is enforced against any citizen regardless of their political affiliation.” The Chronicle