A Zimbabwe Republic Police officer’s bid to overturn a disciplinary conviction after claiming she was unconscious for 19 days and under the care of a traditional healer has been struck off the High Court roll after being filed out of time.
Constable Portia Mayakayaka, 986658D, had challenged her conviction for being absent from duty without official leave. She was sentenced to 12 days’ detention at ZRP Fairbridge Barracks.
The matter was heard by High Court judge Justice Sunsley Zisengwe in Masvingo.
Mayakayaka was absent from duty from March 24 to April 11, 2025. During disciplinary proceedings, she told authorities that she had inexplicably lost consciousness on March 24 and only regained consciousness on April 11, when she discovered that she had been under the care of a traditional healer.
She said she had no recollection of what happened during the period.
The trial officer rejected her explanation, convicted her under paragraph 13(1) of the schedule to the Police Act [Chapter 11:10] and imposed the 12-day detention. Her appeal to the Commissioner-General of Police was subsequently dismissed.
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Mayakayaka then approached the High Court seeking a review, alleging gross irregularities in the disciplinary proceedings.
However, the respondents argued that her application had been filed outside the eight-week period prescribed by Rule 62(4) of the High Court Rules, 2021.
Justice Zisengwe found that she became aware of the Commissioner-General’s determination on January 9, 2026. The eight-week period therefore expired on March 10.
Her application, filed on March 13, was three days late.
The judge also noted that Mayakayaka had not applied for condonation of the late filing.
Justice Zisengwe held that where a review application is filed outside the prescribed period without an application for condonation, the court has no discretion to overlook the non-compliance.
The court upheld the preliminary objection, struck the application off the roll and ordered Mayakayaka to pay costs.
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