In this application, the applicant seeks an order setting aside an arbitral award made on 29 March 2004 in terms of section 34(2) (b) (ii) of UNCITRAL Model Law as incorporated into our domestic law by the Arbitral [Chapter 7:15]. More
Two questions arose for decision in this matter; firstly, whether a private company is entitled to bring a private prosecution and, secondly, whether the Attorney-General has discretion to issue or withhold the certificate nolle prosequi where he declines to prosecute at the public instance. The questions arose in the following circumstances.
The applicant, a private company incorporated in terms of the laws of Zimbabwe and focused on telecommunications, discovered a potentially massive fraud perpetrated against it with prejudice of around US$1 700 000 and reported the matter to the police. The police carried out investigations under CID serious frauds and... More
The respondent was a senior employee of the applicant, holding the post of commercial director. On account of his employment, he enjoyed the use of a company motor vehicle, a Toyota Prado. On 5 February 2010 the respondent’s contract of employment was terminated pursuant to a disciplinary hearing. The respondent has appealed against that decision of the disciplinary authority. The appeal is pending before the Labour Court. In the meantime, the applicant has sought to repossess the Toyota Prado issued to the respondent on account of his employment, arguing that despite the noting of the appeal, the respondent is no... More
This is an appeal against the mandatory minimum sentence of $374 251 198-00, which was equal to the value of the foreign currency that the appellant dealt in without the approval of the regulatory authority, that was imposed by the Regional Magistrate sitting at Harare on 1 April 2004. This sentence was predicated on her finding that there were no “special reasons”, in this matter, for the imposition of a lesser fine. More
