High Court judge, Paul Musithu has issued a temporary stay of transfer for Constable Nashly Muyedzenga from Harare to Mutasa in Manicaland province until Covid-19 pandemic is over.
Muyedzenga is one of over 100 police officers forced by their superiors to immediately transfer from their stations to remote areas on allegations the junior cops were inactive during an MDC Alliance demonstrations against the government, held last year.
However, last month Muyedzenga filed an urgent application at the High Court challenging his transfer arguing it was unlawfully done.
Other police officers also appealed against their transfers.
In his application, Muyedzenga cited Chief Staff Officer Zimbabwe Republic Police (ZRP) Human Resources, Commissioner General Police Godwin Matanga, and Minister of Home Affairs Kazembe Kazembe as respondents.
“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,” reads the order by Justice Musithu.
In his founding affidavit, Muyedzenga said on 5 June 2020, he was transferred from his workplace in Milton Park to Mutasa district through a radio signal.
He contested the transfer arguing it was unlawful.
“I have no objections to a lawful transfer and in this matter, I am not contesting the transfer but the manner of the transfer. According to the transfer, I was ordered to report to the new station by June 12, 2020, meaning that I had eight days to travel 300 kilometres away with my family and belongings,” he told the court.
He then made a report on 9 June in accordance with the internal procedures giving reasons why transfer should be reconsidered.
On June 17, he was advised by Deputy Provincial Chaplain Inspector Nhamo that no appeals were being considered prompting him to approach the courts.
Muyedzenga said it was not feasible to transfer within the given time considering that he is married and has two children learning in Harare of which one of them has a chronic medical condition.
The cop said he was also the primary caregiver as his wife was currently a student at a college in Masvingo.