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Mashudu Netsianda, Senior Court Reporter

TWO Gweru detectives who allegedly extorted P10 000 and RTGS $170 from a suspected thief in exchange for his freedom, have approached the High Court seeking an order blocking their bosses from convening an internal disciplinary hearing.

Detective Assistant Inspector Wisdom Maenzanise and Detective Sergeant Huggins Chiketa are accused of extorting the money from Ester Ngwende so that they could facilitate the release of her brother Withus Ngwende from police custody. 

Withus was accused of stealing P58 000 in Botswana before fleeing to Zimbabwe.

Det Asst Insp Maenzanise and Det Sgt Chiketa filed an application for review at the Bulawayo High Court citing the trial officer, Chief Superintendent Wellington Ngena, the trial prosecutor Detective Constable Amos Nyamakwawo, Commissioner-General Godwin Matanga and Home Affairs and Cultural Heritage Minister, Cain Mathema, as respondents.

The two detectives, who are being represented by lawyers from Mutatu and Mandipa Legal Practice, are challenging the decision by their bosses to convene an internal disciplinary hearing, arguing that proper procedures were not followed.

In his founding affidavit, Det Asst Insp Maenzanise said the Police General Headquarters (PGHQ) Internal Investigations Unit is not an independent and effective mechanism in terms of the Constitution to investigate complaints against police from members of the public.

“This is an application for review wherein my view is that the decision to prosecute us before the police disciplinary hearing is unprocedural in that set procedures as mandated by the Constitution were not followed in our case. The Constitution is very clear that where there are complaints from members of the public about misconduct on the part of member of the security services, there should be an effective and independent mechanism for receiving and investigating such complaints with a view of remedying any harm caused by such misconduct,” he said.

On July 8 last year, Ester filed a complaint against the two detectives at the PGHQ Internal Investigations Unit. In papers before the court, it is alleged that Det Asst Insp Maenzanise and Det Sgt Chiketa demanded RTGS$170 and P10 000 from Withus to facilitate his release from police custody without any formal charge. Withus was arrested on allegations that he had stolen P58 000 from Botswana and fled from the neighbouring country.

The two cops have since been charged for contravening a section of the Police Act (acting in an unbecoming or disorderly manner or in any manner prejudicial to good order or discipline or reasonably likely to bring discredit to the police service).

The respondents are yet to respond to the application. — @mashnets