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This is an appeal against a determination made by the Respondent Disciplinary Authority on 30th of March, 2022. The appeal is opposed. The material background facts to the matter are as follows; The Appellant was employed by the Respondent as a Driver/Salesman. He was engaged on a fixed term contract running from 1st of January, 2021 and expiring on 31st of March 2021. On the 23rd of March 2021 the Appellant was suspended from employment without pay or benefits. He was notified to attend a hearing on the 29th of March 2022. The allegations levelled were that he had violated... More

The factual background that gave rise to this application is that, on the 19th of December 2021, as she was at Nyabira Toll Gate, her motor vehicle Mazda BT50 double cab was impounded by ZINARA on the instruction of Zimra for having failed to pay the requisite duty. Aggrieved by this action, applicant filed an application for a spoliation order in this Court under HC 1014/22, which application was unsuccessful for failure to give the requisite notice. More

This is an application for spoliation. The facts being that on the 18 December 2020 the applicant and some family members drove from Banket to Dzivarasekwa where there was a wedding in a Mazda BT50 motor vehicle Chassis number MM6UROYIL0015466, Engine number P5AT2827949 Registration number AFK7658. On 19 December 2021 as applicant was driving the said vehicle, and at Nyabira tollgate, along Lomagundi Road, about 35km from the Harare city centre, applicant was advised by the attendant that second respondent had provided the Zimbabwe National Road Authority (ZINARA) with the number of vehicles that would not be allowed to pass... More

The parties were married in terms of the then Marriage Act [Chapter 5:11] on the 7 of September 1991. Their union was blessed with three children, Anesu Elisha Shumba, born 19 November 1992, Tanaka Shumba, born 4 March 1996 and Laura Shumba, born 31 October 1999. On 27 August 2019, plaintiff issued out summons claimind a decree of divorce and ancillary relief. In her declaration she stated that the parties’ marriage has irretrievably broken down to such an extent that there are no reasonable prospects of a reconciliation. She further stated that defendant committed adultery with several women and treated... More

Applicant filed an application with this court seeking an order compelling 1st respondent to schedulle or to cause to be schedulled an arbitration hearing of a labour dispute between her and the 2nd respondent so as to “advance” the matter in terms of the Labour ct (Chapter 28:01). The brief history of the matter is that the applicant was employed by the African Sun Limited group of hotels. She was stationed at the Elephant Hills Hotel at Victoria Falls. At the relevant time, she states that she was a Deputy General Manager at the Elephant Hills Resort. Sometime in 2010... More

This is an application against the decision of the arbitrator who set aside the dismissal of the respondent employee on allegations of contravening the respondent Code of Conduct. In particular it was alleged that the respondent had flouted the appellant’s banking policy of banking branch money daily thus exposing the respondent’s cash to risk as it remained unbanked for periods exceeding 15 day stretches over the period in issue. More

The applicant approached this court seeking the following order: “1. The application for condonation of late noting of application for review be and hereby granted. 2. The Applicant is ordered to file his application for review within eight (8) weeks from the date of this order. 3. The costs shall be in the cause.” The background of the matter is that the applicant, a former police officer, was arraigned before a Trial Officer for contravening paragraph 35 of the Schedule to the Police Act More

This was an urgent chamber application. The relief sought was poorly laid out in the draft order. But its essence was basically an interim interdict to bar the police board of enquiry [hereafter referred to as “the suitability enquiry board” or, in short, “the SEB”] from investigating the suitability or fitness of the applicant, a police constable, to remain a member of the force, or to retain his rank or salary. The interdict was sought pending the determination of a certain review application that was filed in this court under case no HC 392/17. More

The applicants approached the court seeking review of disciplinary proceedings concluded by the Police Trial Officer. What fell for determination was firstly whether or not the applicants’ case satisfied review grounds as provided for by the law, and, secondly, whether or not the applicants could be tried in terms of the Police Act after having been charged in terms of ordinary law. More

The two applicants are constables in the Zimbabwe Republic Police. On 3 March 2015 they appeared before, and were tried by the first respondent for contravening para 34 of the schedule to the Police Act. More

The applicant in this matter is seeking a review of the decision of a Single Trial Officer on the grounds that: 1. The 1st respondent decided to proceed with the matter where he had no jurisdiction to do so in view of the fact that the applicant had already been charged over the same matter in terms of the ordinary law. The relief sought is that: 1. The trial proceedings conducted by the 1st respondent against the applicant be and are hereby set aside. 2. The prosecution of the applicant in terms of the Police Act be and is hereby... More

The applicant who is a member of the Zimbabwe Republic Police holding the rank of constable is seeking an order to the effect that: “a. Application for condonation for late filing of Application for Review be and is hereby granted. b. The Applicant be and is hereby ordered to file his application for review within 10 days from the date of this order. c. Costs shall be in the cause.” More

On 2 October 2018 I heard this matter and dismissed it with costs. I have been asked for the written reasons and these are they. More

The applicant was a regular member of the police force. He was a constable. The respondents sought to try him for alleged indiscipline in terms of s 29, as read with s 34 of the Police Act, Cap 11:10, and as further read with paragraph 35 of the Schedule to that Act. More

This matter was placed before me through the Chamber Book. The applicant is a serving member of the Zimbabwe Republic Police. She seeks the following interim relief as a matter of urgency; More