This is an appeal against the whole judgment of the Magistrates Court sitting at Bikita wherein the magistrates court dealt with an appeal from the local court and gave judgment in favour of the respondent.
The facts of the matter are as follows. The respondent is a headman under Chief Mukanganwi in Bikita. He sued the appellant in his court (the headman’s court). There were two complaints against him according to the LC4 form from his (Headman Nyange) Primary Court. Firstly, the appellant was alleged to have blocked a cattle path which leads to the dip tank. Secondly, he was... More
This application was dismissed on the date of hearing with an indication that reasons would follow. These are they.
This is an application for bail pending appeal. Applicant and his accomplices were arraigned before the Magistrates’ Court at Harare facing charges of unlawful possession of a firearm and ammunition. The allegations are that on 24 August 2020 and at number 1184 Mashakada, Dulibadzimu, Beitbridge, the applicant and eight others, each or one or more of them unlawfully acquired or possessed a 9 x 19 mm Vector Z88 pistol serial numbers obliterated, 11 x 9 x 19 mm live cartridges and... More
The application for condonation was filed on 4 September 2020. The application was opposed by the Respondent. In his founding affidavit Appellant averred that he was a former employee of the Respondent. He was employed as a Research and Development Technician. He had been dismissed from employment on 29th of November, 2019 following a disciplinary process where he was facing charges of theft, embezzlement and misuse of company property. A Disciplinary Committee set up to hear the matter had found him guilty of all the charges levelled. An internal appeal was equally unsuccessful. He had then appealed to the National... More
: The parties customarily married in 1998 and solemnised their marriage officially on 30 June 2005. They lived together till 2018. They had three children one of whom is still a minor having been born on 7 October 2005. The issues agreed upon are that the marriage has irretrievably broken down. The plaintiff also agrees that he ought to pay maintenance for the child but disputes the quantum. The parties also have no issue regarding the defendant having custody of the minor child. More
The applicants are alleged to have shot and killed one white rhino with an FN rifle belonging to accused two. They are said to have dehorned the rhino and accused three and four were later arrested at Sam Levy Village while selling the horns. The two accused persons then led the police to accused five and six who were found in possession of the said rhino horns.
The six accused persons appeared before the magistrate at Masvingo charged with contravention of s 4 5 (1) as read with s 128 of the Parks and Wildlife Act, (Control of Hunting of... More
This is an application for the registration of an order of the Labour Court. The application is opposed by the first respondent. The second respondent is the Labour Officer who rendered the determination which was confirmed by the Labour Court on 21 March 2018. More
This is an appeal against the decision of the Designated Agent for the National Employment Council; Harare Municipal Undertaking (NEC), issued on 19 March 2020.
In the determination, the Designated Agent dismissed the appellants’ claim for allocation of 40 litres of fuel per week as a contractual benefit.
The brief facts of the matter are that the appellants are employed by the respondent as Principal Auditors. They are placed in grade 6 on the hierarchy of posts. In terms of their contract of employment, the appellants are entitled to a company vehicle. The respondent also has a policy in terms... More
This is an application for review. The grounds for review stated that,
“Grounds Of Review
2.1 The suspension of Applicant and any subsequent proceedings thereafter is a nullity as it is not in terms of the applicable registered Code of Conduct read together with the Urban Councils Act. It was improper for the employer to use the National Employment Code of Conduct. S.I. of 2006 given that there is an applicable registered code of conduct for Chitungwiza Municipality. Respondent is estopped at law from forum shopping codes of conduct.
2.2 it was grossly unreasonable and irrational for Respondent to suspend... More
The appellant was tried in the Regional Magistrates Court for the Eastern Division sitting at Harare charged with eight counts of fraud as defined in s 136 of the Criminal Law (Codification and Reform Act [Chapter 9:23] (the Criminal Code), one count of corruptly, concealing personal interest in transaction from his principalas defined 173 (a) of the Criminal Code and one count of defeating or obstructing the course of justice as defined in 184 (1) of the Code. More
The applicant was employed as a Town clerk for Chitungwiza Municipality. He was charged with 8 counts of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. In count 9 he was charged with corruptly concealing from a principal a personal interest in a transaction as defined in s 173 of the Code. In the 10th count he was charged with defeating or obstructing the course of justice as defined in s 184 (1) (e) of the Code. More
1. This is an appeal against the decision of the Appeal Authority set up by the respondent (though Appellant says Appeal Committee). The Appellant was charged of three and convicted of two acts of misconduct in terms of paragraph (f) of section 4 of Statutory Instrument 15 of 2006 to wit, gross incompetency or inefficiency in performance of work. A penalty of dismissal was imposed. An appeal at the workplace was unsuccessful. More
This is an appeal against the determination of the Designated Agent for the National Employment Council for Food and Allied Industries (NEC), handed down on 30 November 2020. The Designated Agent ruled that he had no jurisdiction to preside over the dispute between the appellants and the respondent, which concerned allegedly unprocedural retrenchment proceedings. More
1. This matter has been making rounds and turns on the unopposed motion court. On 23 December 2021, it was placed before NDLOVU J who raised certain queries and removed it from the roll. On 27 January 2022, it was placed before MOYO J who also raised certain queries and directed applicant to file heads of argument in support of the application. It was then removed from the roll. On the 26 May 2022, it was placed before me, and Mr Shenje counsel for the applicant sought a postponement to a date when MOYO J would be presiding on the... More
This is an application for bail pending appeal. The applicant was charged with contravening section 45 (1) (a) of the Parks and Wildlife Act, [Chapter 20:14] as read with section 11 of the General Laws Amendment Act 5/2011 more particularly unlawful hunting of a specially protected animal (rhinoceros). More
