This is an appeal against the decision of the National Employment Council for the welfare and Educational Institutions, appeals committee.
Background
The respondent was engaged by the appellant as a Human Resources Officer. Allegations of misconduct were raised against her that she had misrepresented facts to Tear Fund. She was dismissed on 13 September 2021. The appellant (employer) stated that she had pleaded guilty to the allegations. She appealed to the appeals authority which set aside the dismissal penalty on procedural grounds and invited the parties to appear before it and make representation as to mitigation and aggravation. The respondent... More
The plaintiff and defendant are wife and husband. They married each other in Harare on 23 September 1994 in terms of the marriage Act [Cap 5:11]. The marriage was blessed with two male children Nyasha (born on 12 March 1996) and Hillary (born on 25 October 1998).
On 11 July 2007 the plaintiff issued summons seeking a decree of divorce on the basis of irretrievable breakdown, an order of sharing of matrimonial property, custody of the two minor children, an order of maintenance for the two minor children and that each party bears own costs.
The defendant conceded that the... More
The applicant approached the court with an application for bail pending review of proceedings which took place on 11 April 2013 at Kadoma magistrate court. The back ground to the application being that on 11 April 2013 the applicant appeared before Kadoma magistrate on a charge of contravening of s 3 (1) (a) of the Domestic Violence Act [Cap 5:16]. The applicant pleaded guilty to the charge, was convicted and sentenced to 16 months imprisonment of which 6 months imprisonment was suspended for 5 years on the usual conditions of good behaviour. The applicant was aggrieved and he noted an... More
This matter is an application for reinstatement of an appeal which was struck off the roll by Honourable Justice Makamure on 26 January 2015. The reasons for the order were delivered on 6 February 2015. The reasons given for the striking off were that there was no proper defendant cited, as the applicant had cited the Ministry of Agriculture which is not a legal persona at law. It was also observed that the applicant had raised grounds dealing with procedural irregularities which therefore qualified as grounds for review and not appeal. More
The two applications were consolidated for purposes of hearing by consent to accommodate the investigating officer who is common to both cases so that he testified once in relation to both applications. The applicants stand charged with the offence of robbery committed in aggravating circumstances (colloquially called “Armed robbery”) as defined in s 126 (1) (a) (b). The charges against the applicants arise out of their alleged involved in a robbery involving the waylaying of a cash in transit carrying vehicle laden with USD$2 775 000.00 belonging to ZB Bank and destined for delivery to the bank’s branches in Chinhoyi,... More
This is a review of taxation in terms of r 56 of the Supreme Court Rules 2018. The Rule provides that any party aggrieved by the taxation of a bill of costs shall give notice of review setting out his or her grounds of objection. Thereafter the matter shall be set down before a judge in chambers. More
The applicant is a citizen of Zimbabwe by birth. He initially sought a declaratory order confirming his right to a Zimbabwean passport and certain ancillary relief. He also sought an order compelling the second respondent to endorse his South African passport with an unrestricted and indefinite residence permit. More
The applicant and the second respondent have a long history of litigation between themselves. The second respondent has in her favour a judgment against the applicant under Case No HH 675/21 wherein she was awarded damages for sexual harassment to the tune of USD 180 000. The amount remains unpaid. In the quest of getting what is due to her the second respondent instructed the first respondent the Sheriff of Zimbabwe to attach the applicant’s property. The property was duly attached being a half share in an immovable property called Lot 2 of Lot 41 of Hatfield measuring 4047 metres... More
By a letter dated the 12th December 2011 Appellant was notified of a disciplinary hearing where he was to answer a charge of gross negligence or wrongful act or omission that causes loss to the employer, accident, injury, or death at work.
This was in terms of schedule 4 sub clause 16 of The Collective Bargaining Agreement: Chemical and Fertilizers Manufacturing Industry S.I. 31 of 2011(THE CODE) More
The appellant was arraigned before the Magistrate’s Court charged with 4 counts as follows:
“Contravening s 60 A(3)(a)(b) of the Electricity Act [Chapter 13:19] (four counts) ‘tempering, transmitting, distribution or supplying electricity with the result that any supply of electricity is interrupted or cut off, damages, destroys with any apparatus for generating, transmitting, distributing or supplying electricity.’
Count 1
In that on the 10th day of May 2017 and at Zesa Substation 33, near number 140 Second Street, Mutare, Farai Evans Mukorera without lawful excuse tampers with apparatus for generating, transmitting, distributing or supplying electricity that is to say accused... More
This matter had been initially set down in terms of rule 19(3) (a) of this court’s rules. Respondent had not filed heads of argument. Appellant filed his heads of argument on 27 August 2012. Respondent only filed its heads of argument on 27 March 2013. Appellant had not served his heads of argument upon the Respondent. Respondent is according not barred. Both parties consented to arguing the matter on the merits and I proceeded to hear their submissions on the merits. More
This is an application for condonation of late noting of an appeal to the labour court at the applicant employee’s instance. This application follows the employee’s failure to appeal to the labour court following his dismissal by the mission hospital. The hospital and the health services board are both opposed to the grant of condonation relief. More
This matter came before me as an unopposed application for the review and setting aside of the decision of the Magistrates Court at Harare (the first respondent herein was the presiding Magistrate). In terms of that decision the applicants’ challenge to their placement on remand on a charge of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] was dismissed. The respondents were served with the application but they did not file a notice of opposition and opposing papers hence the matter was set down on the roll for unopposed matters. The applicants... More
The appellant was arraigned before the Regional Magistrate at Harare on a charge of rape as defined in section 65(1) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. He pleaded not guilty but was convicted after a trial. He was thereupon sentenced to 10 years imprisonment of which 5 years imprisonment was suspended for 5 years on condition of future good conduct. More
This is an appeal against a decision of an arbitrator declining jurisdiction in a matter before him on the basis that the issue brought before him was subject to proceedings before this court.
The appellant was employed by the respondent as a Regional Manager. Following allegations of misconduct the appellant was called for a disciplinary hearing. The appellant refused to attend the hearing on the basis that his representative, one Mr Chingoka, was not available. The hearing proceeded and he was found guilty and was dismissed in absentia. An internal appeal was not successful. The appellant subsequently referred the matter... More
