Ex-soldier arrested after demanding pension set free

Ex-soldier arrested after demanding pension set free
Published: 11 July 2019 (81 Views)
THE High Court recently ordered the release of a former member of the Zimbabwe National Army (ZNA) following his arrest and detention at remand prison after he visited his former employer's offices to demand his terminal benefits.

Francis Chagonda was released following an application he had filed before the High Court in which he cited the officer in charge, Harare Prison and Correctional Services, commander Zimbabwe Defence Forces Edzai Chimonyo, commissioner general of Zimbabwe Prisons and Correctional Services Paradzai Zimondi as well as the Defence minister Oppah Muchinguri-Kashiri as respondents.

Chagonda, who is now employed as a vice principal at Rock Foundation School in Kadoma, was arrested by members of the 23 Infantry Battalion on April 18, 2019 in Magunje, where he had gone to ask for his benefits. He was accused of having deserted the military in 2008.

However, Chagonda in his affidavit said he lawfully resigned and his resignation was accepted. "When applicant (Chagonda) left the army, he was asked to pay Z$129 193 600 million which was a buyout arrangement which he paid in full on the 21st of January 2008. The applicant made an application to retire in which the condition precedent was the payment of the penalty or buyout fee.

"In April 2008, the applicant was then given leave which was pending his retirement, which means that he needed not to come back for work after the expiry of the leave. The applicant had to surrender all his uniforms and all assets for the army before he left and the respondents accepted same. The handover-takeover was done before the applicant left," Chagonda said.

He also said he was asked to complete terminal benefits forms which he did, but was shocked when he got arrested after he went to make a follow up on the pension. Chagonda told the court that since his arrest in April no charges had been preferred against him until the order for his release in May.

"In terms of the Constitution, it is unlawful for the applicant to be detained for a period of over 48 hours without charge and appearing in court. There is no court order which has sanctioned the detention of the applicant," he said.

Following the application, on May 16, 2019 High Court judge Joseph Musakwa issued a provisional order directing Chagonda's release from custody.

"Pending the confirmation or discharge of the provisional order, an interim relief is granted on the following terms: the first, second, third and fourth respondents are ordered to release the applicant from their custody forthwith or at least not later than 24 hours upon the granting of this order," Musakwa said.

- dailynews

Tags: Soldier,
 0

You May Like These Videos

Comments

There are no comments.

Latest stories

MISSING USD$ 3 BILLION: Mnangagwa called to account

by Mandla Ndlovu | 20 July 2019 | 204 Views

Mohadi warns drug dealers

by Staff reporter | 20 July 2019 | 93 Views

Getaway car catches fire

by Staff reporter | 20 July 2019 | 181 Views

Zimbabwe MPs demand Land Cruisers, houses in Harare

by ZimlIve | 20 July 2019 | 121 Views

Probe into Bulawayo Town Clerk suspension begins

by Staff reporter | 20 July 2019 | 89 Views

Anti-Mnangagwa activist released on bail

by Staff reporter | 20 July 2019 | 77 Views

Zec to pilot test display of voters' rolls

by Staff reporter | 20 July 2019 | 72 Views

Mnangagwa's luxury junkets cause storm

by Staff reporter | 20 July 2019 | 85 Views

Chaos, corruption in councils

by Miriam Tose Majome | 20 July 2019 | 91 Views

'External MDC branches key in national politics'

by Staff repirter | 20 July 2019 | 77 Views

Mnangagwa dates San community

by Staff reporter | 20 July 2019 | 69 Views

Zimbabwe police cells; chambers of torture

by Staff reporter | 20 July 2019 | 53 Views

Prosecutors declare incapacitation

by Staff reporter | 20 July 2019 | 72 Views

'Chiwenga on the mend'

by Staff reporter | 20 July 2019 | 66 Views

Lady teacher in trouble for abusing pupil

by Staff reporter | 20 July 2019 | 88 Views

Tshinga Dube pleads with BCC over eviction

by Staff reporter | 20 July 2019 | 64 Views

Headmaster caught pants down with married teacher

by Staff reporter | 20 July 2019 | 87 Views

Chief Mugabe selection process rocked by disputes

by Staff reporter | 20 July 2019 | 60 Views

Government programmes poorly supervised, says Zanu PF official

by Staff Reporter | 20 July 2019 | 87 Views

Zimbabwe govt works on 50:50 principle

by Staff Reporter | 20 July 2019 | 93 Views

Zanu-PF tried and tested, says Obert Mpofu

by Staff Reporter | 20 July 2019 | 81 Views

Poacher gets 9 years behind bars

by Staff Reporter | 20 July 2019 | 82 Views

Woes mount for Prophet Magaya

by Staff Reporter | 20 July 2019 | 88 Views

MDC fights for Japajapa's freedom

by Mandla Ndlovu | 20 July 2019 | 72 Views

Prophet Magaya's powerful enemies revealed

by Mandla Ndlovu | 20 July 2019 | 109 Views

Econet in major blackout

by Mandla Ndlovu | 20 July 2019 | 82 Views

'Mnangagwa redefines corruption'

by Mandla Ndlovu | 19 July 2019 | 167 Views

ZESN condemns Zanu-PF vote buying

by Staff Reporter | 19 July 2019 | 152 Views

Ramaphosa 'deliberately misled parliament'

by Staff reporter | 19 July 2019 | 121 Views

SA Home Affairs has 3000 uncollected Zimbabwe permits

by Staff reporter | 19 July 2019 | 124 Views

How CIOs benefited from Jonathan Moyo's ZIMDEF funds

by Mandla Ndlovu | 19 July 2019 | 163 Views

Mnangagwa speaks on ailing Chiwenga

by Staff Reporter | 19 July 2019 | 299 Views

Police statement on Prophet Walter Magaya

by Mandla Ndlovu | 19 July 2019 | 191 Views

Temba Mliswa writes to Nelson chamisa

by Mandla Ndlovu | 19 July 2019 | 232 Views

USD$ 3 Billion disappears in Zimbabwe

by Mandla Ndlovu | 19 July 2019 | 237 Views