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
On 13 January 2023 applicant’s application for bail pending trial was dismissed. The record shows on dismissing the application the court considered that applicant is a danger to society as he was part of a gang that attacked the deceased. The court also considered that applicant and his accomplices had used dangerous weapons in the commission of the offence. The court further considered applicant a flight risk as he was found in possession of the murder weapon. More
This is an application for condonation of the late filing of an appeal. At the commencement of the oral submissions, Ms Matongwana raised preliminary issues relating to the filing of documents by the Respondent. She stated that Respondent’s legal practitioners had not filed an Assumption of Agency as prescribed by the Rules. She also stated that the Respondent had filed the heads of argument two (2) days after the due date and had not applied for condonation. In response, Ms Mangoi stated that due the new system of filing of documents on the IECMS platform, Respondent only realized on perusal... More
On 17 November 2022, this Court issued an Ex Tempore judgment granting condonation to Respondent to file an appeal before this Court. Applicant is dissatisfied with the decision and intends to approach the Supreme Court on appeal. More
The brief narrative is that the applicant entered into a lease agreement with the 1st respondent a juristic entity on the 5th of March 2018. The terms and conditions pertaining to the renewal and termination of the lease where embodied in the lease which is part of the record. By mutual consent the said lease which had been renewed for a further two terms was supposed to expire on the 31st of January 2021. In the interim, the 1st respondent subletted the property in issue to one of its then employees, the 2nd respondent, in February 2019. Somewhere along the... More
The appellant was convicted of contravening s 182 (2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 4 months’ imprisonment which was wholly suspended on condition that he complied with the order that was granted against him in 2012. He noted an appeal against conviction. More
This is an application for review by Madziva (Applicant). The document that gave rise to this application is a response (THE RESPONSE) dated 13th February, 2014 by the Respondent’s human Resources Officer to Applicant’s legal practitioner’s notice of appeal dated 11th February, 2014 and addressed to Applicant’s legal practitioners. More
