This is an application for the review of the decision of the second respondent in his capacity as the President of the first respondent to suspend the applicants from their official positions with the first respondent. The applicants seek the setting aside of the decision to suspend them. They also seek that they be reinstated and that the second respondent be ordered to conduct a national congress that is in terms of the first respondent’s constitution and electoral practices. More
This is an appeal against an arbitral award which I am proceeding to determine on the record in terms of section 89 (2) (a)(i) of the Labour Act due to non-compliance with Practice Direction 1 of 2014. More
This is an application for an interdict in which the applicants seek a mandatory interdict against the respondents, compelling them to pay the applicants their end of project benefits as per their promise. The applicants are all former employees of Constitution Parliament Select Committee (COPAC) mandated to draft the Constitution of Zimbabwe. COPAC winded up their activities in 2013 by drafting a draft constitution and submitting a report to the Parliament of Zimbabwe. More
This is an appeal and review of the decision of the respondent employer’s appeals committee where it confirmed the appellant employee’s guilty verdict and dismissal penalty.
Facts giving rise to the appeal are that the appellant who was in the respondent’s employment as an ICT technician based at Harare Airport had occasion on 30 January 2014 to pick up a Nokia Asha phone from gate 6 where its owner one Sandra Chamunorwa a student on attachment with the National Handling Services Department had forgotten it.
Appellant did not surrender the phone immediately upon picking it up but took it to... More
A school girl in form 3 at a school headed by the appellant reported with the assistance of the school head and his wife that she had a love relationship with one of the teachers. More
This matter was initially set down for hearing on 11 June 2009 on which date it was postponed to 10 July 2009. It was again postponed a number of times and was finally heard on 3 February 2011 after which date the court called for supplementary heads of argument from both legal practitioners for reasons appearing later in this judgment. More
The applicant seeks a declaratur to the effect that he paid the full purchase price in terms of an agreement of sale between the parties dated 20 October 2016. The order sought is also to the effect that the payments of the deposit plus monthly instalments, from December 2017 to August 2020 by the applicant to the respondent’s bank account, were in accordance with the agreed terms of sale agreement between the parties. Ancillary relief is also sought in that the applicant seeks that the respondent be ordered to sign all necessary documents to effect transfer of ownership to him... More
This is an urgent chamber application wherein the applicant seeks the following relief;
‘TERMS OF FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms—
1. That the third respondent be and is hereby directed to cancel the Deed of Transfer passed in favour of the first respondent over a certain 300 square metres of land called stand 10346 Kuwadzana Township of Fountainbleu Estate situate in the district of Salisbury.
2. That the party opposing to bear the costs of this application on the higher scale of... More
The appellant was charged with:
(i) Wilfully applying a wrong use, or unauthorised purpose, to assets or to property or alternatively.
(ii) Carrying out an act which is inconsistent with the express or implied conditions of the contract of employment.
The main charge is a violation of Group D – most serious offences, Category 3 of the respondent’s code of conduct. The alternative is a violation of Group D – most serious offences, category 25 of the same code. More
The appellant approached this court challenging the decision of the nomination court sitting at Harare on 21 June 2023. The nomination court declined to register the appellant as the presidential candidate for the 2023 general election. The appellant’s assault of the nomination court’s decision is based on the three following grounds:
“(i) The 1st respondent erred in rejecting appellant’s nomination papers when sufficient evidence had been presented that a deposit of the prescribed nomination fee had been paid through a ZWL Bank transfer amounting to ZWL$138 531 528 using the rate of US$1:ZWL$6 926.58 as advised by 3rd respondent.
(ii)... More
The decision to launch an urgent application must be thought through as this is a special procedure meant for a party in distress who needs the court’s urgent intervention lest the party suffers harm (or is facing impending harm)the consequences of which are irreversible and cause great prejudice to the party. It is not for every instance or dispute. This is because a judge allocated a matter which appears under cover of urgency has to put any other assignment aside and give his or her attention to the purported urgent matter, hence this should be worthwhile for the attainment of... More
J: The plaintiff claims $286 070.71 being outstanding balance of an exit package.
The plaintiff was employed by the defendant as a Senior Staff Officer Administration. He was put on forced leave resulting in him approaching the Labour Court seeking to revoke the suspension and reinstating him. An order by consent was granted by the Labour Court on April 2008. The plaintiff submitted that the defendant has failed to comply with the consent order and approaches the court for an order compelling the defendant to fully comply with the agreement between the parties. The defendant’s position is that the exit... More
The matter was placed before me as an application for leave to appeal against a determination handed down by this court on the 1st April, 2009. The application is opposed. More
The matter was initially placed before me on 14th March 2008 as an urgent chamber application for an order. The parties concerned however resolved to settle the matter out of court. The settlement agreement reached between the parties was later filed with the court. The court then granted an order in terms of the settlement agreement reached. More
