PRESENTATION ON MANAGEMENT DISCIPLINE

AIM
 To enlighten participants on the importance of management of discipline.
OBJECTIVES
At the end of the lesson participants should be able to:-
1. Define the term ‘discipline’
2. State and explain the stages of progressive discipline
3. State the difference between Initial and Final Memorandum of Warning
Progressive discipline
In managing discipline Commanders are to be guided by Circular 03/12 dated 24/04/12
which outlines all the stages of progressive discipline.
It is important to note that the management of discipline in the Zimbabwe Republic
Police is governed by the Police Act Chapter 11:10, the Police Regulations 1965, the
Police Standing Orders and the Uncoded rules.
The management of discipline when done systematically and with the personal attention
of the Commander, can go a long way in enhancing discipline within the rank and file of
the Organisation.
Defination
 Discipline can be defined as self or controlled behaviour expected of an individual
so as to achieve the organisational standards.
Progressive Discipline, what is it?
 A system of increasing severe penalties for each time an employee is disciplined.

Stages of management of progressive discipline

Following hereunder, is the process for the management of progressive discipline:

1. Verbal Warning
2. Minor Misconduct/Written Warning
3. Disciplinary Trial
4. Administration of Memoranda of Warning (Initial and Final)
5. Discharge

1. Verbal Warning
Commanders shall at all times advise subordinates of any shortcomings which
might lead to disciplinary action. A Verbal Warning is usually given at the first
sign of errant behavior. The goal is to correct the issue and lead to subordinate
improvement. This is the primary and most effective way of correcting
subordinates’ errors.

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 It is therefore important that Commanders at all levels do not wink at acts of
misconducts however minor.

2. Minor Misconduct/Reprimand
This is but a further step in a hierarchy of progressive discipline in which a
subordinate is made aware of a deteriorating conduct in writing.
In terms of section 30.0 Part 2 of the Standing Orders Volume 1, any member
who is alleged to have committed a minor irregularity which does not warrant a
disciplinary trial may be summarily dealt with by an Officer or Officer in Charge.
Minor breaches of discipline by constables can be recorded on Minor Misconduct
record (Form 56).
Additionally, any member of the Force of whatever rank can be given a written
warning (Reprimand).The written warning should clearly state that any further
acts of indiscipline will result in a disciplinary trial.
A Minor Misconduct or Reprimand is given in cases where the breach of
discipline does not warrant trial proceedings.
A Minor Misconduct or Written Warning shall be considered in any Board
proceedings that are taken in respect of member.
Please refer to Annexure A for an example of a written warning.
3. Disciplinary Trial
Where a member has failed to heed previous warnings to improve or commits
serious acts of indiscipline, he can be dealt with by a way of disciplinary trial.
Assistant Inspectors and below are tried by the court of a Single Officer in terms
of Section 34 of the Police Act, Chapter 11:10. Officers are tried by a Board of
Officers.
Only members whom it is proposed to appear before a Board of Officers have a
prerogative to elect to appear before a Court of a Magistrate in terms of Section
32 of the Police Act, Chapter 11:10.

4. Memorandum of Warning (Initial)

This is issued on the directive of the Police General Headquarters.

The objective of the memorandum of warning is to explicitly point out to member
that the level of indiscipline he has adopted is not acceptable by any standards.
This memorandum of warning is issued when a member sustains two convictions
whether under the Police Act Chapter 11:10 or criminally.
The first memorandum of warning can also be issued even if member has been
convicted once under the Police Act. This is usually where the conduct of member
is serious but does not warrant a Board of Inquiry (Suitability).
A first memorandum of warning can also be issued in terms of Section 48(c),
50(3)(iii) or Section 50(4)(iv) of the Police Act, Chapter 11:10 which provides
that:-

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  Section 48(c) of the Police Act Chapter 11:10 states that if member, other than an
Officer is convicted of any offence and sentenced to imprisonment without option
of a fine, whether or not the execution of such sentence is suspended, the
Commissioner General may reprimand the member.
 Section 50(3)(iii) of the Police Act Chapter 11:10 states that if a Regular Force
member, other an Officer is found to be unsuitable or unfit to remain in the
regular Force or to retain his rank, salary or seniority, the Commissioner General
may reprimand the Regular Force member.
 Section 50(4)(iv) of the Police Act Chapter 11:10 states that if the Commissioner
General of Police is of the opinion that a Regular Force member who has not
completed a probational period or who has not been reengaged for continuous
service is unfit to retain his rank or remain in the Police Force, he may be
reprimanded.
The first Memorandum of Warning clearly stipulates that, if a member is
convicted within 12 months of being warned, a Board of Inquiry (Suitability) is
convened to look into the suitability of member to remain in the Force, retain his
salary or seniority.
Please refer to Annexure B for an example of a Memorandum of Warning
(Initial)

5. Final Memorandum of Warning

The Memorandum of Warning is issued on the directive of Police General
Headquarters and similar in format to the first memorandum of warning.
The difference is that it has no time period for a member to reform. If a member is
convicted even after seven years of being issued with the final memorandum of
warning, a Board of Inquiry (Suitability) is convened.
A final Memorandum of Warning is usually issued when member sustains three
convictions under the Police Act Chapter 11:10 or Criminal Code or in terms of
Section 48(c), 50(3)(iii) or 50(4) (ii) of the Police Act, Chapter 11:10.
Please refer to Annexure C for an example of a Final Memorandum of Warning.

6. Discharge
A member other than an Officer can be discharged from the Regular Force as
follows:-
 In terms of Section 48(a) of the Police Act, Chapter 11:10 following his
conviction of an offence where he is sentenced to imprisonment without the
option of a fine, whether or not the execution of the sentence is suspended.
 In terms of Section 50(3)(i) of the Police Act, Chapter 11:10 following a Board of
Inquiry (Suitability) or in terms of Section 50(4)(a) of the Police Act, Chapter
11:10 when the Commissioner General considers that a member who has not

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 completed a probationary period or has not been re-engaged for continuous
service is not fit to retain his rank or remain in the Force.
An Officer is discharged by the President in terms of Section 49 (a) of the Police
Act, Chapter 11:10, following his conviction of an offence where he is sentenced
to imprisonment without the option of a fine, whether or not the execution of such
sentence is suspended and in terms of Section 49(b) following a Board of Inquiry
convened in terms of Section 50 of the Police Act, Chapter 11:10.

Conclusion
Progressive discipline, if properly conducted will lead to two things, member turns
things around and the issues are resolved or member is discharged from the Force.
Consequently it is important that Commanders should maintain a log in respect of each
member where every act of misconduct is written. The log serves as a memory tool as
well as an uncontested basis for proof.

Points to take note as members of the Staff Administration

Criminal cases
Commanders are to ensure that they forward to this Headquarters Notice of Intention to
Prosecute [ZRP Forms 355] when any member or Officer is being criminally charged.
Also commanders to ensure that Notice of Results of Prosecution [ZRP Forms
356] are forwarded where a case has been finalised.
Disciplinary cases
Commanders are implored to expedious finalise disciplinary trials and timeous submit
them to this Headquarters for further management.
Suspension of members
Commanders are to ensure that they include criminal and disciplinary charges on the
Suspension Orders as directed by Compol Human Resources Administration radio
number PN 38/21 dated 03/03/21
Trial Procedures and Appeals
In cases where members appeal against conviction and sentence in a disciplinary trial,
commanders are advised to adhere to the appeal procedure as stipulated by Section 11(2)
of the Police [Trials and Boards of Inquiry] Regulations, 1965 which:

 Mandates member to submit his Notice of Intention to Appeal and Grounds of

Appeal to Trial Officer within seven [7] days from the date of sentence.
 Mandates the Trial Officer within fourteen [14] days after receiving the Notice of
Appeal and Grounds of Appeal to respond to such notice.
 Sub Section (4) allows the Appellant to respond to the Trial Officer’s response
within 14 days after receipt of statement. Subsection (2) and (4) are peremptory
hence the Trial Officer must comply. Compliance with these subsections enables

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 the Appellant(s) to make an informed decision of either abandoning or proceeding
with the appeal.
 Appellant is entitled to a 14 days period to respond to the Trial Officer’s response.
 Both the Trial Officer and the Appellant have to sign and endorse dates on appeal
documents during the appeal process as proof of service as this enables
verification on whether or not the appellant complied with peremptory provisons
of Section 11(2).
 The Trial Officer is required to affix date stamp (date when trial was concluded)
at the end of the trial proceedings.
 The Trial Officer is also required to include a Transcript certificate and
Transcribed Trial Proceedings in the disciplinary record.

Warrant of Committal (Forms 220)

If a member appeals against both conviction and sentence after a disciplinary trial,
Commanders should submit unconfirmed warrant of Committal [ZRP Forms 220]
attached to the disciplinary record for determination of the appeal by the Commissioner
General of Police.
Charge Sheet (ZRP Forms 13)
If a member appeals against both conviction and sentence after a disciplinary trial,
Commanders should submit unconfirmed charge sheet [ZRP Forms 13] attached to the
disciplinary record for determination of the appeal by the Commissioner General of
Police.

Memorandum of Warning
Commanders are to ensure that Memoranda of Warning recommended by this
Headquarters are served to concerned members in time.

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ANNEXURE A

WRITTEN WARNING (REPRIMAND)

I, Chief Superintendent …….. do hereby certify on this date 29th day of March 2012
interviewed number …… Inspector …... in the presence of Superintendent …….

I explained to him that the purpose of the interview is to bring his attention to my
displeasure in the manner he conducted himself as a member of the force.

On the 25th day of March 2012 a case of robbery by a member of the force was
brought to your attention as the duty inspector. However, you failed to compile a
situation report.

I indicated to him that such conduct would not be tolerated from him and that an
immediate improvement was now expected from him with particular emphasis on his
conduct. I strongly warned him that any further acts of indiscipline will result in a
disciplinary trial.

Number …… Inspector ……., indicated that he had fully understood the contents of
the warning.

“I fully understood the meaning and content of the warning I have been given”.

Signed………………………………………………………….Inspector ……

Witnessed……………………………………………………..Superintendent

Warning served by…………………………………………………….

Officer Commanding District

ANNEXURE B

MEMORANDUM OF WARNING [INITIAL]

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I, Chief Superintendent ……. certify that I have this 22nd day of March 2012 interviewed
number …….. Constable ……. in the presence of Chief Inspector ……., the Officer In
Charge of ZRP Chiredzi.

I explained to Constable …… that the purpose of the interview is to bring his attention
to my displeasure in the manner he conducted himself as a member of the force.

I brought to his attention that his recent conviction for Contravening paragraph 13(2) of
the schedule to the police Act Chapter 11:10 as read with section 34 of the said Act
“Failing to attend or being late for parade or duty” in which he was sentenced to 14
days imprisonment at Fairbridge Detention Barracks on 14 December 2011 is viewed in
a serious light and will not be tolerated in the organization.

I strongly warned him that such conduct is not expected of a member with his length of
service. I further explained to him that, in the event of a further conviction either
criminal or under the police disciplinary code being sustained during the next twelve
months, a Board of Inquiry will be recommended to examine his suitability to retain his
seniority, salary and or remain in the force.

I fully indicated to him that an immediate sustained improvement is therefore expected

on his personal conduct and discipline on and off duty.

I left Constable …… in no doubt as to the seriousness of this initial formal warning and
he indicated that he had fully understood the contents and purpose of the warning. He
was in his sound and sober senses and elected to say the following:-

“I fully understood the meaning and content of the warning I have been given”.

Signed…………………………………….Constable ……..

Witnessed……………………………… Chief Inspector

Warning served by…………………….Chief Superintendent

ANNEXURE C
MEMORANDUM OF WARNING [FINAL]

I, Superintendent …….., have on this …. day of ……….., interviewed Constable ……. in the
presence of his Officer in Charge Number ……..Inspector ……...
I explained to him that the purpose of this interview was to express my displeasure in the deplorable
manner he had conducted himself as a member of the force.
I brought his attention to his defaulter’s record as follows;-
“On the 08th day of January 2008 at Support Unit Chikurubi Urban District Headquarters you
appeared before a Single Officer charged with contravening of paragraph 13(2) of the schedule to

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the Police Act chapter 11:10 as read with sections 29 and 34 of the said act “Without permission
or reasonable excuse failing to attend any duty”. You were convicted and fined $ 30 000-00.
On the 23rd of August 2008, you appeared before a Single Officer for Contravening Paragraph 34 of
the schedule to the police act, Chapter 11:10, as read with sections 29 and 34 of the said act ” Being
absent without leave”, and you were convicted and sentenced to 06 days imprisonment at
Chikurubi Detention Barracks. This resulted in you being issued with a Memorandum of Warning
on the 25th of June 2009.
On 7th of February 2012, you again appeared before a Single Officer for Contravening Paragraph 34
of the Schedule to the Police Act, “Performing any duty in any improper manner.”

I emphasized to him that such misbehavior was regarded as being highly prejudicial to good order
or discipline and was likely to bring discredit upon him in particular and ultimately the Zimbabwe
Republic Police in general.
I indicated to him that such indiscipline would not to be tolerated and that immediate and sustained
improvement was now expected of him, with particular emphasis on his conduct and discipline both
on and off duty.
I strongly warned him that in the event of a further conviction either criminal or under the Police
Disciplinary Code, will lead to recommendation being made for a Board of Inquiry to be convened
to look into the suitability to remain a member of the Force.
Number ….. Constable ….. Indicated that he fully understood the meaning and contents of this final
warning.
I fully understood the meaning and contents of the final warning I have been given”
Signed………………………………………Constable ………
Witnessed……………………………………Inspector ……..
Warning served by…………………… Officer Commanding District