The High Court has issued a temporary stay of transfer for a police officer who was transferred by his superiors from Harare Metropolitan to Manicaland Province.
Constable Nashly Muyedzenga is one of over 100 police officers forced by their superiors to immediately transfer from their stations to remote areas on allegations that they failed to thwart a demonstration by the MDC Alliance last year.
In June this year, Muyedzenga filed an urgent application at the High Court challenging his transfer from Harare to Mutasa arguing that it was unlawful.
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High Court judge Justice Paul Musithu ruled that the transfer should be deferred until current COVID-19 regulations are lifted. Justice Musithu’s order read:
The applicant’s transfer dated June 2020 be and is hereby stayed pending the determination of the appeal noted on June 9, 2020, and the transfer is hereby stayed until the end of COVID-19 regulations.
Muyedzenga approached the court after his appeal to have the transfer reconsidered by his superiors hit a brick wall.
In his founding affidavit, Muyedzenga said it was not feasible for him to transfer within the given timeframe considering that he is the primary caregiver of his two young children who are still in school as his wife was currently a student at a college in Masvingo.