Judge dismisses cop’s bid to stop disciplinary hearing
SIMBARASHE MTEMBO
MIRROR REPORTER
MASVINGO – A Beitbridge Police officer has lost her bid at the High Court in Masvingo to stop her superiors from conducting disciplinary action against her.
Constable Patience Tabarwa who is facing allegations of receiving bribes wanted the High Court to stop her boss, Officer Commanding Beitbridge, Chief Superintendent Tichaona Nyongo from proceeding with a one man tribunal in her bribery case.
The matter was brought before Justice Sunsley Zisengwe on Tuesday.
Tabarwa was allegedly nabbed with a ZAR550 bribe at the border post and Justice Zisengwe dismissed Constable Patience Tabarwa’s application for discharge at the closure of the State case.
Nyongo is the respondent in the matter. Tabarwa faces a maximum sentence of 14 days in detention if Nyongo finds her guilty.
Tabarwa argued that Nyongo does not have evidence to summon her and that he preferred a wrong charge. She also alleged that the Zimbabwe Anti-Corruption Commission (ZACC) officers who arrested her planted the evidence.
Nyongo charged Tabarwa with contravening paragraph 34 of the schedule to the Police Act Chapter 11:10 as read with section 29 and 34 of the said act; omitting or neglecting to perform duty in an improper manner.
Justice Zisengwe dismissed the application after noting that superior courts do not intervene in unterminated matters being handled by lower courts unless there are gross misnomers. He also said that Tabarwa has the option to appeal to the Commissioner General of Police Godwin Matanga against the sentence.
She however, argued that her appeal can be heard well after she has served the sentence.
Tabarwa was nabbed by ZACC investigators led by Eric Chacha in a sting operation on December 25, 2020 at Beitbridge border post’s truck yard at around 2pm. Chacha and his team had allegedly seen Tabarwa receiving money from motorists.
She had declared that she had R200 when she began duty.
Chacha and his team apprehended Tabarwa and after searching her they found undeclared R250 inside her right trousers pocket and R300 in other pockets.
The money was in ZAR50 denominations with serial numbers, KT 1061834C, JM02357B1C, KM11853B2C, KH510956C, KE83628115C, BJ2642805C, KS0351529C and two ZAR100 notes, PF638654D and PB6814104D.
Tabarwa was represented by Norman Mugiya of Mugiya Macharaga Law Chambers. Talent Undenge represented Nyongo.
