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The Tribunal found that the facts on which the sanction was based had not been established and the facts that were established did not legally amount to misconduct. Consequently, the Tribunal concluded that the disciplinary measure imposed on the Applicant was unlawful ab initio and therefore a violation of his rights. Witness statements: The Tribunal concluded that the witness statements without averments of truthfulness could not constitute clear and convincing evidence that the Applicant solicited and obtained money from the five complainants in return for their recruitment as casual daily workers with MONUC. Precedent: Noting the striking similarity between the present matter and the matter of Nyambuza as set out in Judgment No. Ä¢¹½ÊÓƵDT/2012/139, the Tribunal found no reason to deviate from the reasoning and decision in Nyambuza 2013-Ä¢¹½ÊÓƵAT-364, which affirmed Judgment No. Ä¢¹½ÊÓƵDT/2012/139.