In the application, Luke Hasha — through his lawyers from Matsikidze and Mucheche Legal Practitioners — told the court that he joined the spy agency in April 1995, and rose through the ranks to the position of senior intelligence officer. He was subsequently assigned as the acting divisional intelligence officer for Chitungwiza in January 2013.
He occupied the position until March 2015, doing 27 months in the acting position.
“I humbly refer the court to Section 19 (7) of the code of conduct, which highlights that any member acting in a position for more than six months becomes entitled to be confirmed as substantive for the post he would be acting.
“I occupied the position of acting divisional intelligence officer for more than six months and also received an acting allowance from January 2013 to March 2015,” Hasha said.
He prayed for an order to be confirmed the substantive divisional intelligence officer in terms of the code of conduct.
He said he had written to his superiors demanding to be confirmed but was told that promotion was subject to other considerations.
Hasha further said that he appealed against the decision through Mohadi’s office on November 17, 2016. Mohadi has neither delivered the decision as requested.
“I pray that the court order declare that I be confirmed as a substantive divisional intelligence officer in terms of the code of conduct which establishes an enforceable right to be confirmed as a substantive divisional intelligence officer,” he said.
He said the respondents have violated his rights in line with fair labour practices.
“The respondents’ conduct has severely prejudiced me hence the necessity of the interdict,” he said.
However, agency argued that Hasha was placed in the acting position by default and is not entitled to be substantive.
“His continued heading of the station for the duration he alleges was due to a lapse in administration of the branch to appoint a suitable and qualified person to that post.
“Applicant thus seeks to take advantage of an administrative lapse in the system to be promoted through the back door,” Mafio Mlambo, director administration in the CIO, said in an affidavit.