By Mashudu Netsianda
The High Court has blocked the Ministry of Home Affairs and Cultural Heritage from convening a disciplinary hearing against eight immigration officers who are on suspension for allegedly receiving bribes from foreigners to alter visas.
The ruling by Justice Nicholas Mathonsi follows an ex-parte urgent chamber application filed at the Bulawayo High Court by Vincent Shoshore, Shillah Ndavani, Shepherd Gombwe, Simbarashe Nyamukachi, Joseph Raungana, Tichaona Munemo, Ruth Patience Mutasa and Misheck Chizema, through their lawyers seeking the suspension of their disciplinary proceedings pending another application in which they are challenging their suspension under Case Number HC1689/18.
The eight were suspended without pay and benefits following their arrest in May 2017 at Victoria Falls border post, Kazungula border post and Victoria Falls International Airport.
In their application they cited three members of the disciplinary committee only identified as Mr T Pasipamire, Mr R Munyaradzi and Mr C Marawa, as respondents.
Justice Mathonsi nullified the disciplinary hearings against the applicants pending the finalisation of the matter in which the eight immigration officers are challenging their suspensions.
“The respondents be and hereby directed to suspend proceeding with the disciplinary proceedings against the applicants in this matter before finalisation of the matter pending under HC1689/18,” ruled the judge.
In their affidavits, the immigration officers led by Ms Ndavani said they were suspended in May 2017. letters written to them by their bosses preferring charges of misconduct against them should be declared unlawful.
“This is an urgent application to suspend disciplinary proceedings pending the determination of a matter under HC1689/18 involving the applicants and their employer and four other respondents. The determination of that matter has a bearing on the disciplinary proceedings,” said Ms Ndavani in her founding affidavit.
She said the intention of the hearing was to have them fired.
“The respondents are bent on proceeding with the hearing and our fear is that the disciplinary committee is notorious for considering matters in the absence of employees and pretends that there would have been a formal hearing. Their intention, as evident from their conduct, is to dismiss us at all costs,” said Ms Ndavani.
Ms Ndavani said there has been an inordinate delay in finalising the disciplinary process.
“A period of 12 months cannot by any stretch of imagination be deemed to be a reasonable period. To make matters worse, the suspension order has been extended four times and we are not being paid salaries and this is adversely affecting our livelihoods,” she said.
The immigration officers were arrested on fraud charges at their workplaces following an audit at the three ports of entry. The matter is still pending before the court.
Allegations are that the immigration officers, acting separately, attended to visitors from different countries and recorded lesser amounts in receipt books and pocketed the difference thereby prejudicing the State of varying amounts of money.
British, American and Canadian visitors pay $55, $30, and $75 respectively for a single entry visa and the accused would allegedly record everyone as American and pocket the difference.
It is alleged that the crime had been happening for some time until recently when authorities within the Immigration Department noted some irregularities and launched an investigation into the visa scam. The Chronicle
