In the real world, to err is human. Even those tasked to uphold justice, as humans are not infallible. Rule 29 of the High Court rules, S.I. 202 of 2021, was designed to cater for such scenarios. It gives all the stakeholders in a civil matter an opportunity to amend mistakes in deserving situations in the interest of justice. Instances upon which this rule can be invoked are well spelt out under its provisions. In that regard, this is an opposed application brought in terms of this rule, rule 29 (1)(a) in particular, for the recession of an order of... More
The background to this matter is that the appellant appeared before the magistrate at Harare on initial remand on 12 October, 2020. He was co-charged with an accomplice, one, Carrington Marasha. The two were facing allegations that they committed two counts of the offence of “Armed robbery” as defined in s 126 of the Criminal Law (Codification and Reform Act, [Chapter 9:23]. I should pause briefly to observe that there is no offence in the Criminal Law (Codification and Reform) Act called “Armed Robbery”. More
This is an appeal against a determination by the Appeals Authority handed down on 11th June 2014 which determination upheld or earlier decision by the respondent’s Disciplinary Committee to dismiss the appellant from employment with effect from the 11th of June 2014.
The material background facts to the matter are as follows;
The appellant was employed by the respondent. At the material time of the commission of the misconduct he was engaged as a supervisor in the Sorting Section.
On the 20th of May 2014 the appellant was deployed on the main plant sorthouse. He was supervising a group of... More
1. This is a chamber application for condonation and extension of time within which to note an appeal against the decision of the Magistrates’ Court. This application was placed before me and I dismissed it. The applicanthas written to the registrar requesting written reasons for that decision. More
This is an appeal against both conviction and sentence pursuant to the Magistrates Court convicting the appellant of 3 counts of criminal abuse of duty as a public officer as defined in s 174 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Code”). He was sentenced to 2 years imprisonment on each count. Of the total 6 years imprisonment 2 years imprisonment was suspended for 5 years on the usual conditions of good behaviour. The eight motor vehicles which are the subject of the offence were fortified to the State. More
This ruling is made pursuant to a preliminary point raised in the first defendant’s plea. The ruling deals with the narrow issue of whether this court has jurisdiction to hear this matter. At the commencement of the trial, counsel agreed to file heads of argument on the point and leave the court to deal with the matter on the papers. More
The facts relevant for the determination of this matter are that the applicant, after being aggrieved by the decision of the High Court (the courta quo), duly filed a notice of appeal to this Court on 19 October 2022 under case number SC 529/22. In its notice of appeal, the applicant tendered security for the respondents’ costs of appeal ‘in an amount agreed between the parties failing such agreement in an amount determined by the registrar’.The tender was made as a requirement under r55 (2) of theRules. Pursuant to the tender and on 26 October 2022, the applicant’s legal practitioner... More
Application for absolution from the instance: The defendant, Zimbabwe Platinum Mine (Private) Limited (hereinafter referred to as Zimplats), seeks absolution from the instance in a claim in which the plaintiff, Doves Funeral Assurance (Private) Limited, (hereinafter referred to as Doves), sued for the following:
i) A declaratory order that the purported unilateral rescission of the agreement between the parties by the defendant on the 7th of October 2013 be declared to be unlawful. More
This is an appeal against the award by honourable arbitrator Gurupira handed down on 27 October 2014.The Claimant was employed by the respondent as a General Manager Administration and statistics. He was employed from June 2006 to June 2013 when his contract was terminated.
The arbitrator noted that there was no contract but from the payslip, he noted that he was entitled to a basic salary, club/gym allowance and a car benefit, and a 10% commission as per a memo communicated on 20 December 2010. A fuel allowance was also due and there was evidence that it had been cut... More
The first respondent is a former employee of the applicant. On 12 February 2016 he obtained an arbitral award against his former employer, the applicant. On 4 July 2017 the first respondent had the arbitral award registered as an order of this court under case number HC 1753/16. On 16 October 2017 he had a writ of execution issued by the registrar of this court and this resulted in the Sheriff attaching the applicant’s movable property on 18 October 2017. The property was due for removal on 23 October 2017. More
This is an appeal against the decision of an arbitrator which ordered the reinstatement of the respondent or payment of damages in the alternative.
The respondent was a branch manager based at the Mubaira branch of the appellant. His duties included driving company hearse. On 14 June 2014 while returning from a funeral driving a company hearse the respondent was involved in an accident.
He was charged in terms of section 4 (a) of the Labour (National Employment Code of Conduct) Regulations 2006 S I 15 of 2006 “the Code”. It was alleged he took five hours to travel a... More
This is an appeal against the decision of the Appeals Committee of the National Employment Council for the Commercial Sector which found the respondent not guilty of the allegations of misconduct that he was facing.
The facts are largely not in dispute. The Respondent was driving the appellant’s vehicle when on 14 April 2014 at about 0530 hours he was involved in an accident along the Chitungwiza road. The appellant overshot the roundabout and hit the Kerb. He caused damage to his employer’s vehicle in that both right-side tyres of the vehicle were damaged. More
The background facts are that there is no specific National Employment Council for the Funeral Sector. To date appellant and its employees have been regulated by the National Employment Council for the Commercial Sectors of Zimbabwe SI 45/93. Respondent was registered as a trade union in 2005 in respect to the interests in the funeral services and assurance undertakings. Attempts by respondent to negotiate on the formation of an N.E.C. for the Funeral Sector and thereafter negotiate conditions of employment, were unsuccessful due to non cooperation from the Zimbabwe Association of Funeral Assurers (ZAFA). Respondent brought a complaint before the... More
This is an application for the stay of execution of an award granted by arbitrators. It is opposed. The application was made in terms of section 92E (3) of the Labour Act [Chapter 28:01] (The Act). Parties appear to agree that the figure set by the arbitrators as the appropriate salary needs to be discussed further. This can only happen while the arbitral award has been suspended. If the award is not suspended the respondent has the right to enforce it. More
MUSARIRI, J:
On 4 August 2015 at Harare, Arbitrator B Mudiwa issued on arbitration award. He ordered appellant to reinstate respondent or pay him damages in lieu of reinstatement. Appellant then appealed to this Court against the award. Respondent opposed the appeal.
The grounds of appeal complained that,
“1. The Honourable Arbitrator grossly misdirected himself on the facts and evidence in circumstances amounting to a misdirection of law including but not limited to the following
a) That the appellant assigned the respondent drivers to drive him about;
b) That respondent took no action for the period ranging from December 2012... More
