This is an opposed court application. The facts of the matter are as follows;
The applicant is a qualified surgeon practising as such in Harare. He is a registered member of the respondent. On 15 January 2009, applicant lodged a complaint with the respondent against three of its registered medical practitioners. Applicant believed that the medical practitioners he specifically mentioned in his letter of complaint had committed wrongful acts that constituted professional misconduct in terms of the Health Profession Act, Chapter 27:19. More
The underlying issue in the review application before me relates to a blocked thoroughfare in a farming location. Applicant fenced off an unnamed road off thus triggering an unresolved dispute with second respondent. The second respondent approached the magistrate`s court at Marondera and obtained an order from first respondent directing applicant to restore free passage. More
The appellant was a clerk of court at Magistrates Court, Karoi, when he was convicted of defeating or obstructing the course of justice. He was sentenced to 24 months imprisonment of which 6 months were suspended for four years on conditions of good behavior. He appeals against both his conviction and sentence. The record shows that two notices of appeal were filed within the stipulated period within which to file the notice, one by his legal practitioners and another by the appellant, personally. As he has since been granted leave to prosecute his appeal in person, nothing should really turn... More
At the hearing of this appeal we made the following order after reviewing the record of proceedings in terms of s26 of the High Court Act, [Chapter 7:06].
“The conviction be and is hereby quashed and the sentence set aside. The record is remitted to the court a quo for a trial de novo before a different magistrate.”
The reasons for the above order are as follows.
The appellant, who was unrepresented at his trial, pleaded guilty to one count of negligent driving in contravention of section 52(2) of the Road Traffic Act [Chapter 13:11].He was sentenced to 36 months... More
The crucial legal issue raised in this matter is this. Can a Councillor of a rural district council who has been suspended from office in terms of s278 of the Constitution as read with s157 of the Rural District Councils Act [Chapter 29:13] as amended by s2 of the Local Government Laws Amendment Act of 2016 and the time frame for acting by the responsible Minister lapses be suspended again on the same allegations? As the record will show, the legal practitioners lost an opportunity to advance argument on this crucial jurisprudential aspect. More
