This matter was filed as an urgent chamber application in terms of Rule 241 of the High Court Rules. The applicants were seeking the following urgent relief:
“Pending the confirmation or discharge of the provisional order, the following provisional order is granted:
1. The Presidential Powers (Temporary Measures) (Amendment of Electoral Act) (No 2) Regulations, 2008 SI 43/2008, published in Government Gazette Extra Ordinary on 17 March 2008, shall not be applied in respect of the elections on 29 March 2008.
2. Section 59 and 60 of the Electoral Act [Chapter 2:13] as amended by the Electoral Laws Amendment Act,... More
The appellant was charged with theft of trust property as defined in s 113(2) of the Criminal Law [Codification and Reform] Act, [Cap 9:23], (“the Code”). He was also charged with fraud as defined in s 136 (2) of the Code in the alternative. He pleaded not guilty to both the main and the alternative charge. After a trial, he was found not guilty on the main charge but was convicted on the alternative charge. He was sentenced to five years imprisonment of which one year was suspended on condition of good behaviour and a further two years were suspended... More
The applicant seeks leave of this court to appeal against the judgment of this court dismissing his appeal against both his conviction and sentence by way of a chamber application. That application does not include the proposed grounds of appeal as required by r263 of the High Court Rules, 1971. Further, the application does not state the grounds upon which it is contended that leave to appeal should be granted as is required by the same rule. More
The applicant approached this court seeking a prohibitory interdict in terms of r 60(1) of the High Court Rules, 2021. The court granted the order and the first respondent requested reasons for granting the order More
The dispute in casu has its genesis in matters of employment. It behoves me to give a brief chronology of what transpired that resulted in the applicant finding itself in the quagmire in which it now is. The parties were embroiled in a salary review dispute which culminated in an arbitral hearing before arbitrator C Sithole. On 15 December, 2010 the arbitrator made an award in favour of the applicant’s employees, awarding them an across the board increment backdated to September, 2008. The parties were given until 15 February, 2011 to agree on the mode of payment of the arrears... More
