CHIKOWERO J and I heard oral submissions on the law in this matter because the law requires a judge to seek the concurrence of another judge before correcting proceedings of the lower court or tribunal. Where oral submissions are made, it is desirable for both judges to be present in case the Judges may both and each require clarification by counsel. More
Sometime in January 2019, the Zimbabwe Congress of Trade Unions called for a nationwide stay away principally as a reaction against fuel price increases. It turned out that the events did not result in a stay away but blocking of major public roads, spikes, nails, boulders, tree trunks, tyres, drums and scrap metals were piled on the roads and in some instances human shield was used to thwart both human and automobile traffic. The applicant participated in this “stay away” and the end product of all this activity was an enormous number of people were arrested by the police, indeed... More
This is an appeal against the decision of the respondent’s appeals officer who confirmed appellant’s guilt and penalised him with dismissal. The background to the matter is that appellant attended a business workshop at Chinhoyi University hotel. After the workshop proceedings and after a cocktail which was given by his employer, appellant together with plus 14 colleagues congregated in a colleague’s room drinking and smoking and playing to loud music. More
The plaintiff seeks compensation in the sum of US$700-00 for the repairs he carried out on the leased premises together with loss of business in the sum of US$45 793-00 from the defendant and costs of suit. The defendant counterclaimed for arrear rentals of US$2 254-00, holding over damages calculated from 1 January 2010 to the date of eviction, operational costs in the sum of US$2 283-47, interest on these sums at the prescribed rate, eviction and costs on the higher scale. More
Plaintiff is a minor assisted by his Curator Ad Litem Ms Rose Mhasho. On 8 September 2012 plaintiff in the morning whilst playing with other children suffered a high electric voltage shock as a result of coming in contact with a live high voltage cable. As a consequence of the high voltage shock plaintiff sustained extensive and severe burns and other very serious injuries described as gangrenous left upper limb and numerous deep burns to the scalp, face, right lower limb and the back of the chest. Plaintiff was hospitalised for 2 months at Chitungwiza Central Hospital. While in hospital... More
This is a review application wherein the following relief is sought:-
“1. The decision of the first respondent recommending the demotion of the
applicant to a lower rank in the employ of the fourth respondent is unlawful
and of no force and effect.
2. That the decision of the third respondent in discharging applicant from the
employ of fourth respondent is unlawful, invalid and of no force and effect.
3. That the applicant be reinstated in the employ of the forth respondent on full
pay and benefits with effect from the date of dismissal.
4. That fourth respondent pays the... More
This is an appeal against both conviction and sentence. The appeal follows the conviction of the appellant on three counts of theft of trust property as defined in s 113 (2) (d) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Pursuant to the conviction the appellant was sentenced to 7 years imprisonment of which 2 years imprisonment was suspended for a period of five years on the usual condition of good behaviour. The remaining 5 years imprisonment was suspended on condition of community service. More
The matter was referred to me for determination on the record in terms of Section 89 (2)(9)(i) of the Labour Act [Cap 28 : 01]. The matter had been filed in 2014 but was lying idle due to failure on the part of the Appellant to settle sheriff’s costs for services of Notice to Set- down. The Senior Judge through a directive dated 3rdOctober 2016 directed these matters be referred for determination on the record. More
The appellant worked for the respondent as an Administrator at Chiredzi. He was charged with misconduct. After a hearing he was dismissed from employment on the 13th May 2013. Thereafter he filed an application for review in this Court. The respondent opposed the application. More
This is an application for the upliftment of the bar operating against Applicant and condonation of late filing of heads of argument.
In terms of Rule 19(1) of the Labour Court Rules 2006 Statutory Instrument 59 of 2006 (The Rules), a party who is to be represented by a legal practitioner is obliged to file heads of argument, for an applicant within 14 days of receiving the notice of response to the application. The response was filed on the 22nd July, 2013 and Respondent’s Heads of Argument were filed on 9th September, 2013. More
This is an application for stay of execution of an arbitral award issued on 12 January 2011. The application was filed on 28 October 2013, the same day the notice of appeal was filed. The applicant contends that the respondents are desirous of enforcing the award by the Honourable Dangarembizi in terms of the quantification award dated 26 March 2012. The applicant further contends that it will suffer irreparable prejudice if the respondents are allowed to execute on the award. More
The applicant in this matter is the employer of the first20 respondents. The deputy sheriff of the High Court of Zimbabwe is the 21st respondent and he has not responded to the application. That being so, the 20 respondents shall simply be referred to as “the respondents.” The respondents together with others who are not party to these proceedings, obtained an arbitral award against the applicant on 12 February 2016 for the payment of US$625 729-50 in damages. More
