A FORMER member of the Zimbabwe Republic Police has sued Police Commissioner-General Augustine Chihuri and Home Affairs minister Ignatius Chombo for defying a 2010 High Court order compelling the police force to reinstate him, pending the finalisation of his appeal against unlawful dismissal.
On March 25, 2010, Peter Kurauwone Dube won a High Court order filed under case number HC 1673/09, compelling the then Public Service Commission (PSC) to reinstate him, but the employer reneged.
The order was granted by then High Court judge Justice Nicholas Ndou.
In his application filed at the High Court in Bulawayo on September 28 2015, Dube cited President Robert Mugabe, Chihuri, PSC and Chombo as respondents.
“On or around January 7, 2011 the respondents filed their court application for late filing of their court application for rescission of judgment under case number HC 77/11, which I was served lawfully in accordance with the law,” Dube submitted.
“Within 10 days of my receipt of the court application, I filed a notice of opposition. I later on discovered that on January 11, 2011, the respondents went on to file their chamber application for rescission of judgment under case number HC 78/11 when they did not serve me and was erroneously placed before your honourable court and got granted on February 16, 2011.”
He said to date the respondents had not served him with the papers. Dube accused the respondents of misleading the court into believing that the condonation order was granted under case number 77/11 and that they had served him with the chamber application for rescission of judgment in accordance with the law when they did not do so.
“The judgment under case number HC 78/11 was erroneously granted by your honourable court,” Dube submitted.
“I implore your court to rescind it with the view of correcting it and restoring the order case number HC 1673/09 which reinstated me back to work pending final conclusion of my appeal under case number HCA 43/09. The respondents should have been condoned before they could be allowed to legally challenge any court order granted in my favour.”
Mugabe, Chihuri, PSC and Chombo are yet to respond to the latest lawsuit.-Southerneye
