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Dr Chombo

Mashudu Netsianda, Senior Court Reporter
THE Supreme Court has dismissed an appeal by Home Affairs Minister Ignatius Chombo challenging a decision by a Labour Court judge to reinstate an immigration officer who was fired for allegedly stealing $50 in a visa scandal.

Ms Silence Cecilia Mupunga, who was stationed at the Joshua Mqabuko Nkomo International Airport in Bulawayo, was dismissed two years ago for alleged misconduct. She allegedly distorted two double entry visa fees for British passport holders and issued them with fake visas under the guise that they were Australians and pocketed $50 between June 16 and June 18 in 2015.

Australian passport holders pay $45 for double entry visas while British citizens have to part with $70 for the same visa facility.

She appeared before a disciplinary committee which found her guilty of misconduct and she was subsequently fired.

Ms Mupunga then filed an application at the Bulawayo Labour Court challenging her dismissal and Justice Mercy Moya- Matshanga upheld her appeal prompting Minister Chombo to challenge the ruling at the Supreme Court.

In papers before the court, the appellants, Minister Chombo and Mr Melusi Matshiya who is the Permanent Secretary in the Ministry of Home Affairs, filed an appeal at the Supreme Court citing Ms Mupunga as the respondent.

Supreme Court judge Justice Paddington Garwe who was sitting with Justices Ben Hlatshwayo and Antonio Guvava on circuit in Bulawayo on Monday upheld the Labour Court ruling. “The appeal by the appellants is hereby dismissed and the court order of the Labour Court is allowed. The dismissal of Mupunga is set aside and she is to be reinstated without loss of salary and benefits,” ruled Justice Garwe.

The judge said in the event that it is not possible to reinstate Ms Mupunga, both parties should agree on damages.

“If both parties fail to agree then the Labour Court must determine the amount for damages,” said Justice Garwe.

The judge also ordered the appellants to pay the legal costs incurred by Ms Mupunga.

In their notice of appeal, Minister Chombo and Mr Matshiya through the Civil Division in the Attorney General’s (AG) Office, argued that the Labour Court judge misdirected herself.

“The respondent clearly admitted under- receipting and issuing false visas through visa numbers 244569 and 244571, which is clearly dishonesty in uttering a forged document. She was an immigration officer charged with ensuring proper imitation formalities but she breached the trust reposed in her,” said the Civil Division in AG’s Office.

In its grounds of appeal, the AG’s Office, said the judge failed to appreciate the facts when she ruled that it was not safe to convict on the basis of inferences when there was enough evidence to nail Ms Mupunga.

Ms Mupunga through her lawyer, Mr Thabani Matshakaile of Lazarus and Sarif Legal Practitioners, said the hearing failed to establish how she could have known that the travellers had used their British passports on purchasing air tickets.

“My client was presented with an Australian passport, a receipt for US$45, which was equivalent to the Australian visa fee, and an IF1 form which she presumed was completed by the travellers, and she accordingly processed the visas,” said Mr Matshakaile.

@mashnets