This is an Acquillian action arising from a sordid story of an innocent 12 year old by-stander whose foot was crashed by a falling robot pole. Plaintiff instituted proceedings against all defendants claiming an order for:
(i) Medical and hospital expenses (past) US$6 887,00.
(ii) Future medical expenses US$567 700,00.
(iii) Pain and suffering (past and prospective) US$70 000,00.
(iv) Permanent bodily disfigurement US$80 000,00.
(v) Loss of amenities US$70 000,00 and
(vi) Interest at the prescribed rate from 17 November 2011; and
(vii) Costs on an attorney and client scale. More
Applicants claimed that over the years, the executive committee in the form of 1st to 8th respondents have failed to adhere to the terms of the Constitution in that they have not presented any audited accounts, have not presented any budget for approval, have not presented any income and expenditure account notwithstanding the fact that they had received payment of royalties from hunting activities in the name and under the payment issued to the association by the Department of Parks and Wildlife. The executive committee in the meantime sought and obtained hunting permits at least twice before and for the... More
This matter appeared before me on 9 October 2020. Mr N.Mlalaappeared for the applicant whilst Ms S. Mhlanga appeared for the 2nd and 3rd respondents.
After a brief hearing, the parties settled the matter and agreed that an order by consent be made, to the following effect.
1. That the Provisional Order is set aside as prayed for.
2. The applicant pay costs of suit on the ordinary scale.
Ms S. Mhlanga for the 2nd and 3rdrespondents who were the victors in the matter has asked for reasons for judgment regrading clause 2 of the order. More
MABHIKWA J: The applicantand 6others attended interviews in a recruitment process conducted from September 2017 to May 2018. This was for the post of Assistant Director of Health Services (Environmental Health). Both the applicant and the 2nd respondent were already employed by the 1st respondent at the time in different capacities. At the end of the whole process, the 2nd respondent was appointed or elevated to the post of substantive Assistant Director of Health Services with effect from May 2018. More
