Labour Court Upholds Dismissal Of Passport Officers Linked To Fraudulent Zimbabwean Passports
Two former passport processing officers have lost their bid to overturn their dismissals after the Labour Court ruled that they were rightly fired for negligence that enabled two Cameroonian nationals to fraudulently obtain Zimbabwean passports.
In a judgment delivered by Justice Clever Tsikwa, the court found no basis to interfere with the disciplinary authority’s decision, saying the misconduct was serious enough to warrant dismissal because it undermined the trust required in their positions.
“Having considered that there has not been proof that the disciplinary authority grossly misdirected itself in convicting the appellants and that imposition of penalty is sole discretion of the employer and that dismissal is the appropriate penalty if the misconduct goes to the root of the employment relationship, the Court finds no legal basis to interfere with the penalty imposed,” ruled Justice Tsikwa.
Court Rejects Officers’ Defence
According to H-Metro, former employees, Marian Roman and Natasha Maureen Munemo, argued that they had carried out their duties in line with workplace practice and that there were no written standard operating procedures requiring them to act differently.
They also maintained that the disciplinary authority failed to properly weigh mitigating circumstances before dismissing them.
However, the Labour Court rejected those arguments, ruling that officials responsible for processing passports have an obligation to exercise sound judgment, particularly given the security-sensitive nature of their work.
Negligence Led To Fraudulent Passports
The court heard that Roman, who was responsible for enrolling passport applicants, processed an application submitted by Christiana Mhereyenyoka despite inconsistencies that should have prompted further checks. The applicant was later identified as a Cameroonian national.
Justice Tsikwa said Roman should have investigated discrepancies in the applicant’s residential addresses and raised concerns after the applicant reportedly struggled to communicate in Shona.
“A processing officer applying her mind to the duty at hand and its sensitivity would have halted the process and alerted authorities of her suspicion,” the judge said.
He added that the responsibility to verify such information formed part of the inherent duties of a passport processing officer.
“That was implied in her duty as an Enroller or Verifier. She had a duty to verify the addresses,” Justice Tsikwa said.
‘Common Practice’ Not A Valid Excuse
Munemo’s case centred on her decision to issue a blank passport application form through a cleaner instead of handing it directly to the applicant. The form was later used by another Cameroonian national, Maini Yvette, to obtain a Zimbabwean passport.
Although Munemo argued that the practice had become routine within the department, the court ruled that widespread conduct could not justify an unlawful procedure.
“I am persuaded by submissions by counsel for the respondents that the fact that it was common practice does not make it lawful,” Justice Tsikwa said.
The court also found that Munemo failed to establish whether the circumstances justified releasing the passport application form through a third party instead of requiring the applicant to collect it in person.
With the appeal dismissed, the Labour Court left the dismissals intact, reinforcing the responsibility placed on passport officials to exercise vigilance when handling documents that safeguard Zimbabwe’s national identity and security.
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