The High Court has upheld the dismissal of two police officers, Constables Robert Muganhu and David Hama, for mishandling dagga exhibits, ruling that their conduct undermined public trust in the Zimbabwe Republic Police.
The officers had challenged their termination after being found guilty by an internal police tribunal of tampering with dagga evidence in a case that later collapsed under suspicious circumstances.
Yesterday, Justice Siyabona Musithu rejected their claim that their acquittal in criminal court should have shielded them from disciplinary action.
“This Court noted that the sentence imposed by the Trial Officer is not harsh or induces a sense of shock. The sentence passed was appropriate, taking into consideration the gravity and seriousness of the offence committed by the appellants. A non-custodial sentence does not suffice under these circumstances,” Justice Musithu said.
The case dates back to 31 January 2023, when the officers arrested Loveness Tsoora and Aaron Muza in Glendale after recovering a red plastic container of dagga, allegedly half full.
The drugs were taken to Howard Police Base but later mysteriously reduced to just two twists of dagga.
An internal tribunal found that Muganhu and Hama had disposed of most of the dagga and released Tsoora without following proper procedure.
Despite their acquittal on criminal charges in 2023, the tribunal ruled that their actions were likely to bring discredit to the police service.
The officers argued that the disciplinary process was unjust, insisting that no evidence proved beyond a reasonable doubt that they had tampered with the drugs.
They also contended that a reprimand or salary freeze would have sufficed, calling the custodial sentences “grossly irregular.”
The High Court dismissed these arguments, emphasising that acquittal in criminal proceedings does not preclude internal disciplinary action.
“The present disciplinary proceedings were concerned with the manner in which the applicants had conducted themselves, which it was reckoned was likely to bring discredit to the police service,” Justice Musithu wrote.
The court also ordered the officers to pay legal costs, siding with the Commissioner-General of Police.
The ruling reinforces the principle that internal police discipline operates independently of criminal convictions, particularly in cases that jeopardise public confidence in law enforcement.
