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A High Court judge has ordered the reinstatement of a prison officer after establishing that she was unfairly dismissed from service in 2019.
Rhoda Mawadze was the Rations officer-in-charge between August and December 2018 when some food items meant for prisoners went missing, <a href="https://www.zimlive.com/judge-orders-reinstatement-of-prisons-officer-sacked-over-missing-food-rations/">reported ZimLive.</a>
Mawadze was brought before a disciplinary committee chaired by Prisons Chief Superintendent Tawanda Chimika, which found her guilty of misappropriating inmates’ food stocks before recommending her dismissal.
She was unhappy with her dismissal and appealed through the High Court.
During the High Court hearing, it became clear that the Zimbabwe Prisons and Correctional Services (ZPCS) accounting processes were in a bad state.
It was also established that responsibilities were haphazardly distributed among different members, making it wrong to blame a single individual for the mess.
Mawadze’s appeal was presided over by Justice Catherine Bachi-Muzawazi. The judge noted:
<blockquote>
… there was a glaring revelation of shortfalls, loopholes and weaknesses in their bookkeeping, handover procedures, security, and unrestricted access to food stores were a clear illustration of maladministration or administration in-efficacy and inefficiency.
</blockquote>
Justice Bachi-Muzawazi ruled that Mawadze was made a sacrificial lamb and ordered that she be reinstated without loss of salary from the time she was fired in 2019. Said the judge:
<blockquote>
She (Mawadze) then became the target and victim of a report she had initiated.
Even the handover-takeover procedures were not observed from the time the applicant assumed the rations post to the time the offences were laid against her.
They should have taken the flaws that were highlighted in evidence as a learning curve and a chance to re-evaluate and improve the inefficiencies in the system instead of taking a defensive strategy of penalising the small fish who brought the whole inefficiencies and saga to light.
…The court found the administrative decision grossly irregular and accordingly, dismissed the point in limine and upheld the applicant’s claim in terms of the draft order sought.
Resultantly, it is ordered that the decision handed down by the first respondent on 12 May 2019 be and is hereby quashed and set aside.
The applicant be and is hereby immediately reinstated to her employment without loss of salary.
</blockquote>
Prisons Chief Superintendent Tawanda Chimika, Commissioner General ZPCS Moses Chihobvu and Home Affairs and Cultural Heritage Minister Kazembe Kazembe were cited as respondents.

Pindula News

High Court Orders Reinstatement Of Prisons Officer Fired Over Missing Food Rations

The High Court has ordered a school head in Harare to compensate a 13-year-old minor for the learning time that she lost for eight days when she was summarily expelled from school.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), Justice Catherine Bachi Mzawazi ordered the Headmistress at Rugare Government Primary School, only identified as Matsitsiro to compensate the minor who was expelled from school because she stays outside the zone of the school. A Case alert issued by ZLHR this Tuesday, 24 May 2022 reads:
<blockquote>
<h2>HIGH COURT ORDERS HEADMISTRESS TO COMPENSATE MINOR ILLEGALLY EXPELLED FROM SCHOOL</h2>
HIGH Court Judge Justice Catherine Bachi Mzawazi has ordered the Headmistress at Rugare Government Primary School to compensate a 13-year-old minor for the learning time that she lost for eight days when she was summarily expelled from school.
The Headmistress only identified as Matsitsiro suspended the 13-year-old Grade 6 pupil on 11 May 2022 on the basis that she resides in Warren Park suburb, which is an adjacent residential suburb to Rugare suburb.
Matsitsiro told the minor that she was ineligible to be enrolled at Rugare Primary School because she stays in Warren Park, which is outside the zone for the school and that there are enough schools in Warren Park, where she could be accommodated.
The expulsion took place despite the fact that the minor had been a student at Rugare Government Primary School since she enrolled for Grade 1 and that it is already mid-term after lessons commenced on 3 May 2022.
The minor’s guardian represented by Tinashe Chinopfukutwa of Zimbabwe Lawyers for Human Rights on Wednesday 18 May 2022 filed an application at the High Court challenging her expulsion as unlawful, arbitrary and grossly unreasonable as it had been done without observing the audi alteram partem rule, which is a fundamental legal principle in which each party is entitled to a fair hearing and given the opportunity to respond to the evidence against them and hence in breach of the principles of natural justice.
Chinopfukutwa argued that the expulsion of the minor was a breach of her right to administrative justice guaranteed in Section 68 of the Constitution and also constitutes a breach of her right to education as provided for in terms of Section 75 of the Constitution.
On Friday 20 May 2022, Justice Bachi-Mzawazi ordered Matsitsiro to reinstate the minor and allow her back to attend lessons at Rugare Government Primary School and make arrangements to compensate for learning time lost by the 13-year-old pupil during the duration of her expulsion from 11 May 2022 to 20 May 2022.
ENDS
</blockquote>
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

High Court Orders Headmistress To Compensate Minor Illegally Expelled From School

High Court judge Justice Catherine Bachi-Muzawazi on Friday, 20 May ordered the Rugare Government Primary School Headmistress to reinstate a 13-year-old Grade 6 pupil she had suspended on 11 May 2022.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), the headmistress expelled the minor on the basis that she resides in Warren Park suburb, which is an adjacent residential suburb to Rugare suburb. Said ZLHR:
<blockquote>
The Headmistress told the minor that she was ineligible to be enrolled at Rugare Primary School because she stays in Warren Park, which is outside the zone for the school and that there are enough schools in Warren Park, where she can be accommodated.
The expulsion took place despite the fact that the minor has been a student at Rugare Primary School since she enrolled for Grade 1 and that it is already mid-term after lessons commenced on 3 May 2022.
</blockquote>
Tinashe Chinopfukutwa of ZLHR then wrote a letter to the Headmistress advising her that the summary expulsion of the minor was unlawful and arbitrary.
Chinopfukutwa argued that she made the decision without having observed the audi alteram partem rule, which is a fundamental legal principle in which each party is entitled to a fair hearing and given the opportunity to respond to evidence against them and hence in breach of the principles of natural justice.
Chinopfukutwa asked the Headmistress to unconditionally reinstate and allow the minor to attend lessons at Rugare Primary School.
He also demanded that the school head makes necessary arrangements to compensate her for lost learning time as a result of the school authorities’ unlawful actions.
After the Headmistress failed to reinstate the schoolchild, Chinopfukwa approached the High Court on an urgent basis seeking an order compelling her to reinstate the minor and the costs of the litigation to be borne by the Headmistress.
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

High Court Orders Headmistress To Reinstate Suspended Pupil

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