The appellant is appealing against the arbitral award by Hon Arbitrator N A Mutongoreni dated 27 December 2012. The arbitrator ruled in favour of the respondents by stating that the respondents had been unfairly dismissed. More
The appellant and another champion of women and children’s causes and rights approached the High Court seeking in the public interest, an order the main thrust of which was to declare the criminal law which governs the age of consent to sexual activities unconstitutional.
The second applicant a quo did not apply for condonation for the late filing of this appeal, which the appellant successfully did. Whilst the second applicant a quo is not before us, where relevant and unavoidable, reference shall be made to the averments that she made. Further and for convenience, where reference is made to the... More
The two applicants are young Zimbabwean feminists and human rights activists with special interest and concern for children, gender, women’s and socio economic rights. They filed the present application as a public interest application to protect the rights of children. In their founding affidavits they averred among other things that the current age of sexual consent in Zimbabwe is 16. This age is defined from the Criminal Law (Codification and Reform) Act [Chapter 9.23] (the CODE) which in Section 61 defines a ‘young person’ as a boy or girl under the age of 16 years. However, they further averred that... More
The plaintiff is a daughter to defendant’s ex-husband, Charles Makani. At the time of instituting this suit the two were still married.
The plaintiff’s father acquired an immovable property, namely no. 9 Dorset Road East, Avondale Harare for the plaintiff in the year 2001. The property was registered in the plaintiff’s name. The plaintiff was a minor then. More
This is a trial in which the plaintiff seeks specific performance of a contract of sale of a piece of immovable property. Essentially, she asks this court for an order compelling the first defendant to accept the balance of the purchase price, and to cede to her his title and rights in respect of Plot No. 44 Sabonabona Subdivision C, Kadoma (hereinafter called “Plot 44”). The genesis of this dispute is set out in the pleadings filed of record. Let me summarize the essential details. The plaintiff avers that, on 12 October 2018, she entered into an agreement of sale... More
All the 19 plaintiffs who are members of the Zimbabwe Congress of Trade Union for the Eastern Region (ZCTU) are claiming from the 3 defendants jointly and severally the following:
a) Payment in the total sum of ZWL $38 million broken as follows:
(i) $500 000 for unlawful arrest for each
(ii) $500 000 for unlawful detention for each
(iii) $1 000 000 for malicious prosecution against the defendants
b) Interest thereon at the prescribed rate from the date of issue of summons to date of full and final payment.
c) Costs of suit on a legal practitioner-client scale.
On... More
On 3rd September 2010 this Court ordered Respondent to reinstate Applicant or pay him damages in lieu of reinstatement. Respondent chose to pay damages. The parties were unable to agree on quantum of the damages. Applicant then filed this application for assessment of damages. Respondent filed opposing papers. The attorneys agreed that the matter be determined on the basis of the documents filed of record. More
The applicant was employed as a meter reader stationed at Wyne Street, Harare. He was charged and convicted of corruption as well as disorderly or objectionable behaviour. He was dismissed from employment and noted an appeal to the Appeals Committee. The appeal was dismissed and he appealed to this court. On 18 March 2016 this court dismissed the applicant’s appeal. On 23 March 2016 the present application was filed.
An application of this nature is governed by section 92 F of the Labour Act [Chapter 28:01] as well as Rule 36 of S I 59/2006. More
This is an appeal against the decision of the respondent’s Appeals Committee to confirm conviction and the penalty of dismissal of Appellant.
Appellant was employed as a meter reader stationed at Wyne Street, Harare. He was charged and convicted of corruption in terms of section 7 (1) (K) (ii) of the NEC for the Energy Industry code As well as disorderly or objectionable behaviour in terms of section 7 (1) (e) (viii) of the same code. He was dismissed from employment as a result. Aggrieved, appellant noted an appeal to the Appeals Committee. More
A preliminary point of law is one that if properly taken in an application or action, is capable of disposing of a matter without the need for the court to delve into the merits of the matter. More
After perusing documents filed of record and hearing counsel, the unanimous decision of the Constitutional Court (“the Court”) was that the matter be dismissed with costs. The Court indicated that reasons for the decision would be given in due course. More
This is an application for stay of execution of an arbitral award handed down by Honourable N.K. Nhimba on 14 August 2013. The award nullified the short time work implemented by the applicant from 1 September 2011 to May 2013. The award also ordered payment of amounts owed to the respondents as a result of reduced salaries paid during implementation of short time work. More
: I was on the urgent applications duty roster in the week beginning 26 March, 2018 through to 1 April, 2018. Being on urgent duty is a daunting assignment for any judge because the judge on duty is on call twenty four hours. Judges take turns to perform the 24 hour shift. It is their duty to be available all the time to dispense justice to all and sundry. More
MAKONESE J: This is an application for a declaratur. The applicant seeks an order in the following terms:
“IT IS ORDERED THAT:
1. The conduct of the respondent to withhold the applicant’s vehicle on condition that that he has to pay duty in foreign currency be and is hereby declared ultra vires the law prevailing at the time and therefore illegal.
2. The ordinary meaning of the phrase” within 42 days of importation “of goods in section 3 (3) of SI 252A, be declared not to be reckoned from 23rd November 2018, but from the date of importation.
3. The... More
MATHONSI JA: This is an automatic appeal against the sentence of death imposed on the appellant by the High Court on 31 January 2018 following his conviction of the crime of murder with actual intent. More
