Nhari v Public Service Commission 2001 (2) ZLR 535 (S)

Mr LT Biti for the appellant – constitutional law protection against acquisition without    compensation. The appellant a public servant had been the subject of disciplinary proceedings. He had been discharged from the public service. His discharge was set aside by the Supreme Court and the matter remitted for hearing by a different magistrate. In terms of s 23 of the Public service Disciplinary regulations 1992, the regulations then in force, if a public servant had been suspend and then discharged and the discharge was set aside by a competent court, he would then revert to being suspended. Suspension would deprive him of his salary and benefits. The appellant sought an order for the high court setting aside his suspension and direction the respondent to pay him his full salary and benefits from the date of the discharge until the date on which the discharge was set aside. The high court refused the application but ordered that the misconduct hearing be held within 30 days.

On appeal, it was augured on his behalf that when the supreme court set aside the suspension it sectored the status quo ante, and he was entitled to his salary and benefits,and contravened s16(1) of the condition because it deprived him of his property without compensation.

held that the section did contravene s16 (1) of the constitution because it deprived him of his property without compensation and thus was no force or effect.