DUBE v CHAIRMAN, PUBLIC SERVICE COMMISSION & ANOR 1990 (2) ZLR 181 (H)

Flynote

Administrative law — audi alteram partem — does not apply to prohibition or suspension of public servants — does not apply to imposition of punishment by Public Services Commission — delegation of powers — disciplinary powers of Public Service Commission — review — grounds of review discussed — review of punishment imposed.

Constitution — fair hearing — public services disciplinary proceedings — constitutional right to fair hearing not applicable — Public Services Commission — may derogate from audi alteram partem rule in subsidiary legislation.

Interpretation of statutes — expressio unius est exclusio alterius — not to be applied whereas to inconsistency.

Procedure — joinder of parties — whether appropriate to join employer ministry with Public Service Commission in review of disciplinary proceedings.

Public service — disciplinary proceedings — delegation of powers by Public Service Commission — formal irregularities in notices — dispute of fact — whether Public Service Commission may rely on findings of fact by independent commission of inquiry — misconduct — unbecoming or indecorous behaviour — conduct inconsistent with duty — suspension — audi alteram partem rule not applicable — officer not entitled to salary — punishment — no right to address in mitigation — review of.

Legislation — Constitution of Zimbabwe 1980, s 18(9) and s 75 (1) (f) — Public Services (Officers) Misconduct and Discharge) (Amendment) Regulations, SI 111/1984, s 8 and s 11.