The High Court has dismissed an application by two police officers, Constables Robert Muganhu and David Hama, who were challenging their dismissal after being found guilty of tampering with dagga exhibits in a case that collapsed under suspicious circumstances.
Justice Siyabona Musithu ruled that the officers' conduct "was reasonably likely to bring discredit to the police service," rejecting their claim that their acquittal in a criminal court should have protected them from disciplinary conviction.
"This Court noted that the sentence imposed by the Trial Officer is not harsh or induces a sense of shock," Musithu said.
"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."
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The matter dates back to January 31, 2023, when the two officers arrested Loveness Tsoora and Aaron Muza in Glendale after finding a red plastic container of dagga, allegedly half full. The drugs were taken to Howard Police Base but later mysteriously shrank to only "two twists of dagga."
The internal police tribunal found the officers guilty of disposing of most of the dagga and releasing Tsoora without proper procedure, despite the pair being acquitted of criminal charges on appeal in 2023. The disciplinary body ruled that their actions undermined public trust in the force.
The officers argued that the disciplinary tribunal erred since the High Court had already cleared them of criminal wrongdoing on the same allegations. They also insisted that "no evidence was adduced beyond any reasonable doubt" that they had tampered with the drugs.
But the High Court stressed that an acquittal in criminal proceedings did not bar 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.
Lawyers for the applicants also argued that their custodial sentences were "grossly irregular" and too harsh given mitigating factors, suggesting that a reprimand or salary freeze would have sufficed.
The court rejected this argument. "The points raised in mitigation were outweighed by the gravity and the seriousness of the offence committed by the Appellants," Justice Musithu said, siding with the Commissioner-General of Police.
The officers were also ordered to pay legal costs.
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