Former officer-in-charge of Mbare Police Station Violet Sigauke has challenged the constitutionality of Section 40 of the Police Act (Chapter 11:10) stating that it cannot be used to discipline her for accepting bribes from kombis as she is no longer a member of the Zimbabwe Republic Police (ZRP).
In her application she cites Police Commissioner General Augustine Chihuri and the State as respondents. Through her lawyer Mr Admire Rubaya she argues that disciplining a former police officer is a violation of section 65(1) of the Constitution. Part of her application for referral to the Constitutional Court reads:
The gravamen of a disciplinary hearing in the police force is to try and maintain discipline amongst its members, but that cannot be achieved through seeking to discipline non-members,” she said. “I am now a civilian and no longer answerable to the Comm-Gen of Police. Thus Section 40 of the Police Act is unconstitutional, and this matter should be referred to the Concourt for the adjudication of the question whether or not Section 40 is consistent with the fundamental tenets of the Constitution.