This application raises a question which has presented itself in a number of matters in recent months. It raises the issue of guardianship rights and the circumstances under which a parent may be divested of such rights. More
BHUNU J: There is no material dispute of facts on the bulk of the facts in this case. It is common cause that the first and third defendants were married in terms of customary law for 12 years. They divorced each other on 22 February 2002 where upon the Magistrate’s court issued an order distributing the former matrimonial home being Stand number 491 Prospect Township of stand 106 of Prospect registered in the first defendant’s name under deed of transfer 5963/87 More
This is an application for rescission of a judgment of the 6 March 2014 by Chivizhe J.
Applicant and his representatives of record, the Zimbabwe Furniture Timber and Allied Trade Unions did not turn up for a hearing on the 6 March 2014 which was set down for0900 hours, despite proper service of the notice of set down.
In the application before me it is explained that on the day in question the applicant got ill and had severe diarrhoea leading to his attendance at Highlands Clinic. Further it was explained that applicant failed to advise his representatives on time... More
This is an appeal against the whole judgment of the High Court of Zimbabwe (the court a quo) dated 6 April 2023 in which it convicted the appellant of murder as defined in s 47 (1) of the Criminal Law Codification and Reform Act [Chapter 9:23] and subsequently sentenced him to death. In the main, the appellant seeks that he be acquitted of the charge of murder. In the alternative, that the sentence of death be quashed and substituted by a prison sentence of 10 years. In a further alternative that the proceedings against the appellant be permanently stayed. More
DOUGLAS MUZANENHAMO
v
(1) OFFICER IN CHARGE CID LAW AND ORDER
(2) OFFICER COMMANDING HARARE CENTRAL DISTRICT
(3) COMMISSIONER GENERAL OF POLICE
(4) CO-MINISTERS OF HOME AFFAIRS
(5) OFFICER IN CHARGE HARARE CENTRAL PRISON
(6) COMMISSIONER GENERAL OF PRISONS
(7) MINISTER OF JUSTICE AND LEGAL AFFAIRS
(8) ATTORNEY - GENERAL
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA,
GARWE JA, GOWORA JA, PATEL JA, HLATSHWAYO JA,
CHIWESHE AJA & GUVAVA AJA
HARARE, MAY 24 & NOVEMBER 14, 2013
Z.T. Chadambuka & D. Chimbwe & M.T. Zhuwarara, for the applicant
T. Dodo & C. Chimombe, for the respondent
PATEL... More
The magistrate referred for determination in terms of s 24(2) of the former Constitution (“the Constitution”), the question whether s 33(2)(a) of the Criminal Law (Codification and Reform) Act [Cap. 9:23] (“the Criminal Law Code”) violated the fundamental right to freedom of expression entrenched by s 20(1) of the Constitution. More
This application is made in terms of s 24(1) of the former Constitution of Zimbabwe (hereinafter referred to as “the Constitution”), which provided:
“24 Enforcement of protective provisions
(1) If any person alleges that the Declaration of Rights has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may,... More
The applicants appeared before a Magistrate at Nyanga on 18 February 2011 facing charges of public violence as defined in Section 36 of the Criminal Law [Codification and Reform] Act, [Chapter 9:23]. The applicants were legally represented. At the hearing the applicants raised a number of complaints regarding the manner of their arrest. The matter was thereafter postponed on a number of occasions to enable the Court to deal with the various issues raised. On a date that is unclear on the record but in May 2011, the applicants, without giving notice to the prosecution, applied to the magistrate for... More
This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court. Applicant intends to appeal to the Supreme Court against part of the Labour Court decision which quantified what was due to the estate of the late Dikinya who was unlawfully dismissed by ZIMNAT on allegations of misconduct. Applicant is however out of time by 14 days to make the leave application hence the instant condonation application. The condonation application is opposed by ZIMNAT. More
The applicants are former employees of the respondent. Their employment contracts were terminated and they challenged the termination. The matter was taken before a designated agent who confirmed termination for all but two of the employees. The decision was appealed to the Labour Court. The appeal was upheld. The respondent did not reinstate the applicants. They approached the designated agent seeking that the respondent be ordered to reinstate the applicants. The respondent raised the preliminary issue of res judicata, arguing that the designated agent had already dealt with the matter. The designated agent held that the matter of reinstatement was... More
The applicant has been charged with contravening section 113 (1) of the Criminal law (Codification and Reform) Act (Chapter 9:23), theft of motor vehicle. The applicant denies the charges. He has filed an application for bail pending trial and avers that he is a “perfect” candidate for bail. The motor vehicle which is the subject of the charge was stolen and driven away from Nobert Hungwe’s residence at number 560 Medium Density Area, Plumtree on 6th October 2018. The motor vehicle, a Honda Fit, was recovered in Harare’s Epworth area in the custody of a panel beater one Nhamo Chifombe.... More
Applicant alleges that he was employed by the respondent from 1988 and was promoted to the post of Unit Supervisor with effect from 1 May 1998. Applicant further avers that at one time during the course of employment he suffered from mental illness and had to be absent from work. He further states that when he reported for duty he was assigned to work in a different unit. Applicant further submitted that he was later told to go home and would be called by the respondent. It was stated that despite having reported for duty, respondent continually turned him away... More
The late Pepukai Simpisio Magara who died on 28 July 2021 was a widower. He was survived by six children who include the two plaintiffs, the first respondent and three others. Following his death, a will was produced which was allegedly executed by him on 28 May 2017. In that will he appointed the first defendant as the executor of his estate and also bequeathed to him his immovable property being house number 2915 old Highfield Harare. The second defendant issued out Letters of Administration in favour of the first respondent. The plaintiffs object to the validity of the will... More
This matter was set down for the purposes of hearing argument on an application for condonation of late noting of an appeal. The parties did not file heads of argument as required by the Rules of this Court – Statutory Instrument 59/2006 (Rule 19). When parties appeared I enquired as to why heads not been filed. More
