The financial policies adopted by the Zimbabwean government in 2019 leading to promulgation of Statutory instruments that affected mode of payments and even the currency to be used in Zimbabwe continue to dodge these courts. Despite a pronouncement by the Supreme court particularly in the Zambezi Gas case and several other cases litigants continue haggling on the manner in which debts have to be paid and the currency to be used. In this matter the Sheriff of the High Court has become embroiled in a dispute between the warring parties regarding the execution of a writ, whether the writ in... More
This is a court application for an order for direct access to the Constitutional Court made in terms of r 21 of the Constitutional Court Rules, 2016. In the event that direct access is granted, the applicant intends to file an application under s 85 (1) of the Constitution of Zimbabwe seeking a declaration that its rights to the protection of the law and to a fair hearing, guaranteed in ss 56 (1) and 69 (2) of the Constitution respectively, have been infringed by the decision of the Supreme Court of Zimbabwe in judgment SC 93/23. More
The plaintiff is a company registered in terms of the law of Zimbabwe. Its core business is trucking and construction work and trades as an independent contractor. More
This was an urgent chamber application for a stay of execution. It had no merit. It was an abuse of the court process. I dismissed it soon after the hearing but deferred the final disposal of the matter as the parties, upon my prompting, felt they could agree finer points and file an order by consent. They needed a day or two to do this. They never did. On the second day the first respondent’s legal practitioners filed a letter saying the parties had failed to reach a settlement and that therefore I should proceed to make my decision. More
This is an application for leave to appeal to the Supreme Court against the decision of this court that was handed down on 20 February 2015. This court in its judgment dismissed the appeal and upheld the arbitral award by honourable arbitrator Nhimba. More
The applicants who are father and son hail from Pakistan. They came to Zimbabwe sometime in 2008 as investors. On 3 October, 2008 they were granted an investment licence by the Zimbabwe Investment Authority (ZIA). Their investment vehicle is styled Tonia Investments (Pvt) Ltd in which they hold 50% shareholding each. That investment licence was to endure up until 2 October 2010. It was renewed on 8 October 2010 to run for another 2 years up to 7 October 2012. In the investment licence the description of the investment is given as, “Manufacture of blankets, overalls, socks and jeans.’’ Under... More
This is an appeal against the decision of respondent’s Disciplinary Authority which found appellants guilty of fraud and forgery in terms of paragraphs 3,8,13 and 24 of the First Schedule of the Public Service Regulations. Appellants were discharged from service with effect from the 24th May 2013.
The facts giving rise to the charges are allegations that sometime in December 2012, the two appellants and a Mr.Chinhamhora connived with a Mr.JonathMachinga, a legal clerk at Machinga and Associates Law Firm to fraudulently transfer property from Mr. Wilson Gwatiringa to Netombo Bethel Family Trust. It is further alleged that they forged... More
This is an appeal for a matter heard in terms of the National Code, S.I. 15 of 2006. The appeal was filed on the 23rd of October 2023. This was after the promulgation of Amendment Act No 11 of 2023. This amendment amended subsection (5) of Section 101. The amendment is to the effect that a party aggrieved by a ruling at the workplace or the process may appeal to a labour officer. Instead of doing so the appellant appealed directly to the Labour Court. A point in limine on the impropriety of the procedure was taken. More
This is an application for the confirmation of a ruling by a labour officer in terms of section 93 (5) of the Labour Act as amended. The facts giving rise to this application are that the 2nd respondent (“the employee”) approached a labour officer after conciliation had failed in a matter where she claimed that the first respondent (the employer) had terminated her employment irregularly on notice. After hearing both parties on the matter the applicant (labour officer) ruled that indeed the employee’s employment had been terminated irregularly. In the result she ordered that the employee be reinstated to her... More
This is an application for the confirmation of a draft ruling made by the applicant in relation to a dispute between the 1st and 2nd respondents who are the substantive parties in this matter.
Background
The 1st respondent employed the 2nd respondent on a fixed term contract basis as the head of its finance and administration. More
On the 25th April 2023 at Harare, applicant in his capacity as a Labour Officer, issued a ruling. He ordered 1st respondent (employer) to pay 2nd respondent (employee) an amount of US12,000-00 as damages for unlawful termination of employment. Apparently, the employer did not comply with the ruling. Then applicant applied to this Court for the confirmation of his ruling in terms of section 93(5a) of the Labour Act Chapter 28:01 hereafter called the Act. More
This is an application for confirmation of a draft ruling made by a Labour Officer in terms of section 93 (5a) (a) and (b) of the Labour Act [Chapter 28:01] [The Act]. An order confirming the application was made. Reasons were to follow. More
Applicant applied to this Court for the review of her dismissal from employment by
Respondent. The application was made in terms of sections 89(1) and 92 EE of the Labour
Act Chapter 28:01. Respondent opposed the application. More
This matter concerns an immovable property namely House No. 48, McGhie Avenue Rhodene, Masvingo (hereinafter called the house) which forms part of the estate of the, late Cornelio Evans Ndige who died on 25 March 2012 and whose estate is registered under WE34/13 More
