Chairman, Public Service Commission v Hall 1992 (2) ZLR 271 (S): The power to fine a public officer for misconduct was not in violation of the Constitution

McNally JA:

In a cross-appeal, the respondent argued that the Public Service Regulations 1986 were ultra vires the Constitution insofar as they purport to allow for a fine to be imposed upon a public officer found guilty of misconduct. It was argued that the imposition of a fine under these regulations was in contravention of s16(7) of the Constitution which prohibits the compulsory aquisition of property and it does not fall under any of the exemptions permitted, namely fining for a breach of law or for contempt of court or parliament.

Held that the power to fine a public officer for misconduct was not in violation of the Constitution. In terms of s75(1) (d) and (f) of the Consitution, the Public Service Commission is specifically empowered to ‘punish’ members of the service found guilty of misconduct, and to exercise disciplinary control over public officers and to remove them from office

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