The applicants filed an application for a declaratory order whose draft reads as follows-
“Whereupon after reading documents filed of record and hearing counsel;
It Is Ordered That
1. The 1st and 2nd Respondents’ failure to furnish the Applicants with reasons for their decisions is unlawful and wrongful.
2. The Applicants’ discharge from the Police service is accordingly set aside.
3. The Respondents are ordered to reinstate the Applicants into the Police service forthwith.
4. The Respondents are ordered to pay costs of suit on a punitive scale More
Applicant is an ex-member of the Zimbabwe Republic Police, (ZRP). He was attested into the Police Service on 2 February 2011. He was discharged from service by 1st respondent on 10 January 2017. He appealed that decision to the 2nd respondent. 2nd respondent dismissed the appeal on 25 October 2017. It is that decision which is the subject of this application for review. The grounds for review are set out ex-facie the application. More
The applicant was discharged from the Zimbabwe Republic Police on 30 December 2014 by the second respondent, the Commissioner General of Police in terms of the Police Act [Chapter 11:10] after having been declared a deserter. More
The applicant approached this court seeking a declarator in the following terms:
That,
1. The discharge of the applicant from the Zimbabwe Republic Police by the first and second respondents be and is hereby declared unlawful and wrongful.
2. The first and second respondents are ordered to reinstate the applicant with full benefits from the date of discharge to the date of reinstatement.
3. The respondents are ordered to pay costs of suit. More
I heard this application on 26 September, 2017. I delivered an ex tempore judgment in which I granted the applicant’s prayer.
The respondents wrote to the registrar of this court on 24 November 2017. They did so through their legal practitioners of record. They requested for reasons for my decision. These are they: More
