This is an appeal against the decision of the Administrative Court (court a quo) in which it set aside the appellant’s decision and allowed a merger of the respondents holding that the merger was not contrary to the public interest and interfering with the penalty which had been imposed on the respondents by the appellant. More
This is a competition law matter and concerns the definition of the term “merger”, in terms of the Competition Act, [Chapter 14:28], [hereinafter referred to as the Act]. More
This matter came before me as an application for stay of execution. The record reflects the applicant as Samson Makonde. By consent it was agreed to amend this erroneous citation on the record and court roll so that the applicant is correctly cited as COMTY ELECTRONICS RIBBON WORLD (PVT) LTD. Samson Makondeis only the manager representing applicant. More
The court is satisfied that this application has no merit for the following reasons:
1) The court correctly found that there was no lawful instruction and clearly articulated its reasons for stating so, thus a superior court is not likely to interfere with that finding.
2) The issue of clarity of charges was also adequately explained in the judgment.
3) Deliberation of what the correct charge should have been way after the employee had pleaded to the charge is indeed an abuse of disciplinary powers and the judgment explains in detail why the court formulated that opinion.
4) As the... More
Section 251(1) of the Constitution of Zimbabwe says:
“For a period of ten years after the effective date, there is a commission to be known as the National Peace and Reconciliation Commission consisting of –”
The rest is not immediately relevant. More
1. In this tax dispute, the applicant seeks an order interdicting the respondent from appointing an agent to collect assessed tax from it and reversing a garnishee of its bank account with the respondent’s agent, CBZ. More
The plaintiff is a co-operative society registered in terms of the Co-operative Societies Act [Cap 24:05]. The seven defendants were members of the plaintiff’s management committee who were suspended on 3 April and removed from office on 6 May 2006. The fifth and seventh defendants died before trial and are therefore beyond the reach of this judgment. More
This matter was set down as an appeal against the decision of the National Employment Council for the commercial sectors hereinafter referred to as the NECCS. Appellant had been found guilty of inciting fellow employees to be violent against the employer at a time when they were being given their salaries. The dismissal decision was arrived at in his default. He was aggrieved by the dismissal and appealed to the Local Joint Committee (LJC). More
This matter has a chequered history. It clearly depicts the fact that the wheels of justice move at a painfully slow speed. It has been pending since 2003. The matter has been afflicted by various applications, correspondence flying between the appellant’s legal practitioners and the 1st respondent with some of the correspondence exhibiting the use of intemperate language. Allegations of insincerity have been made by the 1st respondent against appellant’s legal practitioners. Letters were addressed to the Senior Judge of this court so that the learned judge could wade in and give some direction in the matter. Court applications have... More
On 25 November 2019 the Supreme Court issued the following order:
“IT IS ORDERED BY CONSENT THAT:
1. The appeal be and is hereby allowed with no order as to costs.
2. The judgment of the Labour Court in LCH/H/APP/336/2014 be and is hereby set aside and substituted with the following:
1. The application for quantification of damages partially succeeds and accordingly the respondent shall pay to the applicant the following within thirty (30) days of this court’s order.
a. Damages for unfair dismissal at the salary rate of ZW$1 157 037.00 (1400) from 1 June 2003 to 31 May... More
This is an appeal against a decision by the Appeals Officer of the respondent to upheld the determination and penalty imposed by the Disciplinary Authority. Appellant was employed the respondent as a Divisional Accountant based at the Southern Division at the Bulawayo depot. On 15 February 2016 appellant was suspended from duty on allegations of committing serious acts of misconduct. Disciplinary proceedings were held and appellant was found guilty. He was dismissed from employment on 9 March 2016. Appellant appealed to the Appeals Officer. He was successful on one ground. The rest of the grounds did not succeed and the... More
The applicant was employed as the Southern Division Accountant by respondent. On 15 February 2016 he was suspended from duty in terms of the National Code of Conduct, Statutory Instrument 15 of 2006. He was charged of gross incompetency or inefficiency in the performance of his work and habitual and substantial neglect of duties.
Following disciplinary proceedings held on 29 February 2016, the applicant was found guilty as charged and was dismissed from employment. More
Having deemed the application urgent, I proceeded to hear submissions on merit. The facts of the matter are:
Applicant had a special grant to carry out prospecting operations in June 2016 which expired 12 months later in July 2017. Renewal was denied. Applicant claims to have installed a gold mill at the farm. It discontinued mining operations and claims to have remained in peaceful possession of the mill. Apparently the respondent has first mining rights in the very area the gold mill is located. More
Summons, in this case, was issued on the 5th of September 2023. Plaintiff stated in the declaration that she married the Defendant on 22 May 2004 in terms of the then Marriage Act [Chapter 5:11] now Marriages Act [Chapter 5:17]. The marriage was blessed with four children, three of whom are still minors. The marriage relationship has irretrievably broken down to such an extent that there are no reasonable prospects of the restoration of a normal marriage relationship. She proposed that she be awarded custody of the minor children with Defendant having access. She also proposed that Defendant pays all... More
MAMBARA J: The application is one for admission to bail pending the determination of an appeal noted against a conviction for attempted murder and the attendant sentence. The applicant is a youthful-looking man of twenty-eight years who was released from prison only last year after serving an effective four-year term arising from a previous six-year sentence for the very same offence. Within twelve months of breathing the air of freedom he again set upon a defenceless victim, this time a uniformed police officer who was peacefully executing his duties, and felled him with a stone weighing almost two kilogrammes. He... More
