On the 28th October, 2015 I directed that the parties compile and file a full and proper record after which I would then consider whether to determine the matter on the record or direct that a court hearing be held.
The parties duly complied with the directive and having gone through the record, I am of the view that I can determine the appeal on the record. Section 89 (2)(a)(1) of the Labour Act [Chapter 28:01] refers.
Appellant was dismissed from Respondent’s employ after having been found guilty of six out of eight counts of fraud. He appealed through the... More
This is an appeal against the judgement of the High Court dismissing an application for the rescission of a default judgment granted in favour of the first respondent against the second respondent in Case No. HC 9554/16. The application was brought in terms of r 449(1)(a) of the High Court Rules 1971. The applicant in that matter sought the rescission of the default judgement as well as his joinder in the main proceedings. More
This is an appeal against the decision of the Magistrates Court, sitting at Harare on the 11th of May 2007, dismissing the appellant’s application for bail. The appellant was arrested two days before on a charge of contravening section 3 of the Gold Trade Act [Chapter 21:03], viz. for unlawfully possessing gold without a licence or permit. The penalty prescribed for the offence, as recently amended, is a mandatory prison term of 5 to 10 years in the absence of special circumstances. More
The applicant, a former constable in the Zimbabwe Republic Police, was charged with and convicted of contravening paragraph 11 of the Schedule to the Police Act as read with sections 29 and 34 of the same. He was sentenced to 14 days imprisonment and was subsequently discharged from the police service. More
DUBE-BANDA J:
[1] This is an application for, inter alia, declaratory orders and consequential relief in the following terms:
i. It is hereby ordered and declared that the letter written by Assistant Commissioner R.M Basera on the 14th of February 2019 and date stamped on the 18th of February 2019 do not constitute reasons for the decision of the first respondent in his capacity as the appellant authority in terms of the Police Act.
ii. It is accordingly held that the first respondent is in contempt of the order of this court under HC 42/18 granted on the 28th of... More
The applicants filed an application for a declaratory order whose draft reads as follows-
“Whereupon after reading documents filed of record and hearing counsel;
It Is Ordered That
1. The 1st and 2nd Respondents’ failure to furnish the Applicants with reasons for their decisions is unlawful and wrongful.
2. The Applicants’ discharge from the Police service is accordingly set aside.
3. The Respondents are ordered to reinstate the Applicants into the Police service forthwith.
4. The Respondents are ordered to pay costs of suit on a punitive scale More
Applicant is an ex-member of the Zimbabwe Republic Police, (ZRP). He was attested into the Police Service on 2 February 2011. He was discharged from service by 1st respondent on 10 January 2017. He appealed that decision to the 2nd respondent. 2nd respondent dismissed the appeal on 25 October 2017. It is that decision which is the subject of this application for review. The grounds for review are set out ex-facie the application. More
The applicant was discharged from the Zimbabwe Republic Police on 30 December 2014 by the second respondent, the Commissioner General of Police in terms of the Police Act [Chapter 11:10] after having been declared a deserter. More
The applicant approached this court seeking a declarator in the following terms:
That,
1. The discharge of the applicant from the Zimbabwe Republic Police by the first and second respondents be and is hereby declared unlawful and wrongful.
2. The first and second respondents are ordered to reinstate the applicant with full benefits from the date of discharge to the date of reinstatement.
3. The respondents are ordered to pay costs of suit. More
I heard this application on 26 September, 2017. I delivered an ex tempore judgment in which I granted the applicant’s prayer.
The respondents wrote to the registrar of this court on 24 November 2017. They did so through their legal practitioners of record. They requested for reasons for my decision. These are they: More
The first applicant is a retired member of the Zimbabwe Republic Police. The remaining applicants are all serving members of the organization. All four of them appeared before the second respondent, the trial officer, facing the charge of contravening para 34 as read with para 11 of the Schedule to the Police Act [Chapter 11.10]. They pleaded not guilty to the charge and raised an exception. The exception was to the effect that the charge, as framed, did not disclose an offence. They argued, in pursuance of the exception, that the two circulars under which they were charged were not... More
After hearing argument in the above matter I dismissed the application with costs and indicated that my reasons would follow. I now set them out.
On 25 October 2004, the applicant filed a court application seeking an order compelling the respondent to pay to it a sum of $96 410 250 being damages for lost income over three months, the sum of $83 215248-75 being arrear fees for services rendered and the sum of $52 500 000 representing damages suffered as a result of the alleged breach of contract. More
The applicant, an ex-constable in the Zimbabwe Republic Police appeared before a single officer on 18 December 2015 facing a charge of contravening paragraph 34 of the Schedule to the Police Act [Chapter 11:10] i.e., “Omitting or neglecting to perform any duty or performing any duty in an improper manner.” He was convicted and sentenced to a term of imprisonment. The applicant appealed the conviction and sentence to the Commissioner General of Police, and the appeal was dismissed in its entirety. Subsequent to the dismissal of the appeal, a Board of Inquiry was convened to inquire into his suitability to... More
I heard this application on 16 May 2022. I delivered an ex tempore judgment in which I granted the applicant’s prayer as contained in her draft order. On 23 May 2022 the respondent wrote requesting written reasons for my decision. My reasons are these:
The applicant who is an ex-constable in the Zimbabwe Republic Police was charged under para 35 of the Schedule to the Police Act and was convicted. She appealed to the first respondent who is the Police Commissioner-General. He dismissed her appeal but did not furnish her with reasons for the dismissal of her appeal. He convened... More
This is an application for a declaratur in which the applicant seeks the following relief:
1. The discharge of the applicant from the Police Service by the 2nd respondent is hereby declared unlawful and wrongful.
2. The 2nd and 3rd respondents are ordered to reinstate the applicant into the Police Service without loss of salary and benefits.
3. The respondents are ordered to pay the costs of suit on a punitive scale.” More
