The four cases herein are of the same nature. Accused persons in all four matters were rightfully charged of having consensual sexual intercourse with minors. However, in all cases, all the accused persons succumbed to the same fate of incorrect sentencing. I shall then turn to deal with the factual issues of each and every case. More
The two cases cited above were dealt with by the same Provincial Magistrate N. Mangoti Esquire at Concession Magistrate Court. The trials were disposed of by way of guilty pleas in terms of the provisions of s 271 (2) (b) of the Criminal Procedure and Evidence Act, [Chapter 9:07]. When the records were placed before me on review, I raised a query for comment by the trial magistrate on whether the Magistrate had complied with s 271 (3) of the same enactment which requires that the charge should be explained to the accused and that the explanation given to the... More
The applicants herein filed a court application and sought the following relief, that;
(a) It be declared that the election of 1st respondent as councilor for ward 3 in Bulawayo was in contravention of section 119 (2) (e) of the Electoral Act, Chapter 2:13 following his conviction of theft at the Bulawayo Magistrates’ Court under criminal record book number 1981/18 on the 27th of June 2018 and is therefore set aside on account of being null and void.
(b) Consequently, the election of 1st respondent as 2nd respondent’s Deputy Mayor be set aside.
(c) Costs of suit at an attorney... More
Applicant filed an urgent chamber applicaion which was opposed. On 20 December 2018, my brother TAKUVA J heard the matter and granted the interim relief sought therein. The matter now comes to me for confirmation of the provisional order. The applicant seeks confirmation for a final order in the following terms, that More
The accused person faces a charge of murder, it being alleged that on the 1st of July 2016 at Mutemeri village in Shurugwi, he unlawfully caused the death of Anesu Mutangamberi by striking him once on the head with an axe. More
This is an application for a Declaratur sought in terms of s14 of the High Court Act, [Chapter 7:06] where the applicant seeks the following order:
“IT IS HEREBY ORDERED THAT:
1. First respondent’s rights, title and interest in certain piece of land situated in the District of Umtali called stand 1815 Chikanga Township of Umtali Township Lands measuring 300 square metres be and are hereby declared executable in satisfaction of the judgment, in favour of the Applicant, in case No. HC 145/20.
2. The first, second and third respondents be and are hereby ordered to sign the necessary cession... More
This is an appeal against an arbitral award handed down on 26 January 2015 in terms of which the appellant was ordered to reinstate the respondent or pay him damages in lieu of reinstatement. More
On 8 March 2011 I dismissed this application on the ground that it was not properly before the court.
The legal practitioners for the second to fifth respondents has since written requesting for reasons for my ruling. These are they:
On 8 September 2010 the applicants (i.e. 59 Beneficiaries of Valley Lane Housing Scheme) filed an application seeking the following relief:
“IT IS ORDERED THAT:
1. The first respondent shall forthwith, that is to say, within two hours of service of this order upon him or his agents, employees or invitees restore possession and control of the fifty nine (59)... More
The applicant seeks leave to appeal. This is in respect of a composite judgment of this court and the Fiscal Appeals Court on 22 April 2021 under the reference no HH 197-21, per NDOU AJ. That judgment dismissed some appeals by the applicant. The appeals had been noted against certain decisions by the respondent in respect of some objections by the applicant over the tax assessments on it for the period 2011 to 2016.
[2] The dispute centred on the allowable deductibles over the rental income earned by the applicant from a certain immovable property that she had inherited from... More
This is an appeal against an arbitral award handed down by Honourable J. Ndomene on 24 January 2014. The arbitral award upheld the dismissal of the appellants for misconduct, the misconduct being engagement in an unlawful collective job action.
A perusal of the arbitral award shows that the arbitrator found all the claimants that appeared before him guilty of misconduct. He however, differentiated the penalties on the basis of degree of participations in the unlawful job action. For those whose participation involved elements of wilful disobedience and physical assault on management, a penalty of dismissal was imposed. For those who... More
The appellant was employed by the respondent as a teacher at Madziwa Mine Secondary School. Following allegations of improper association with two female students, appellant was charged in terms of paragraphs 4, 7 and 24 of schedule (1) of the Public Service Regulations, Statutory Instrument 1 of 2000. Appellant was found liable for improper association with one of the students and in respect of the second student he was found not liable. Appellant was discharged from service. Appellant then noted an appeal to this court. I will address the student as the complainant for convenience. More
The facts which gave rise to the dispute between the parties are common cause and these are that:
The appellant was employed by Zimbabwe National Water Authority (ZINWA) as a senior clerical officer Grade 11.
She stopped reporting for duty in May 2008 and the employer Zinwa stopped paying her salary.
In 2009 there was a government directive that water management functions be re-transferred to local authorities with effect from 1 February 2009.At that time Zinwaemployees were re-transferred to the respondent, City of Harare.
In June 2010 the appellant wrote a letter to the respondent’s Human Resources Manager, to the... More
HOVE J:
The Appellant alleges that he was employed in 2002 as an Investigation Officer. In 2005 he was moved to Operations were he was promoted to Area Controller doing managerial duties. More
The appeal was noted against the decision of the Respondent National Hearing Committee which on the 28th February 2011 upheld the decision of the Regional Hearing Committee and confirmed the termination of Appellant’s contract of employment with effect from 11th November, 2010.
The background facts are as follows;
The Appellant was employed by the Respondent as a Technician Assistant in its Operations and Engineering Report – based at Chatsworth Exchange. Appellant was suspended without pay on the 26th October 2010 on allegations that he and two others had removed an air conditioner (serial number provided) from Chatsworth Exchange to a... More
