This is an application for condonation of late filing of an application for review and extension of time within which to file the application for review.
The respondent took a point in limine before the main application was argued. The respondent raises in limine, that after filing the application with the necessary founding affidavit, the applicant then proceeded to file a supplementary affidavit. Such Supplementary affidavit, it was argued, ought to have been filed with the leave of court or a judge. It was submitted that the failure to obtain such leave, means that the applicant violated the Rules of... More
Appellant was in respondent’s employ and on the 10th October, 2018 was dismissed after having been found guilty of acts of misconduct in terms of the Public Service Regulations Statutory Instrument 1 of 2000. More
This is an application for condonation for late filing of an application for review and extension of time within which to file an application for review. It is opposed. More
The delay in hand down of the judgement is sincerely regretted. This is an application for quantification of back pay/salary arrears and benefits. The application was filed pursuant to a judgment of the Supreme Court handed down on 24th November. The Supreme Court, through the judgment, allowed with costs the appeal against Applicant’s dismissal. As a result the court set aside and substituted this court’s judgment as well as the hearing officer’s determination of guilty on the charge as levelled. The Applicant was to be reinstated to his original position without loss of salary and benefits from the date of... More
The appellant, Mr Mugove Chatizembwa, was employed by the respondent as a quarry superintendent. On 21 April 2013 he was on duty. Without seeking his superior’s authority he took a company vehicle and went to a certain farm which is about 25 kilometers from his work place. The purpose of this trip was personal to him. Whilst there he met one of his superiors. They exchanged greetings. Thereafter they discussed his presence at that place at the material time. What transpired at that venue is best captured by his report to the Mines Engineer which I will quote in full. More
