All of the three cases dealt with in this review involve the appointment of guardians to minor children by the same Provincial Magistrate in September and October 2009. Following jurisdictional queries raised in January 2010, the learned magistrate eventually responded on the 22nd of September 2010. There is no explanation for his inordinate delay in responding. More
The applicant is the natural mother of two minor children who shall herein be referred to as A and B. The biological fathers of the children are unknown. The applicant has approached this court seeking an order that her sister Susan Chimhanzi be awarded custody and sole guardianship of the two minor children purportedly in terms of s 9(1) of the Guardianship of Minors Act, Chapter 5:08, herein after referred to as the Act. In an earlier application Susan Chimhanzi had been cited as the applicant. After I queried the appropriateness of the application especially as it was made in... More
This matter was brought to me in terms of s 9(6) of the Guardianship of Minors Act [Cap 5:08] by the Magistrate sitting as the children’s Court at Masvingo. More
After hearing counsel in this matter, we handed down the following order:
“It is ordered that:
1. The application be and is hereby dismissed with costs on a legal practitioner and client scale in favour of both amici curiae.
2. It is apparent from the record of these proceedings that orders were issued by the High Court in Case No. HC 10203/12 and by the Supreme Court in Judgment No. SC1/14 which was confirmed by this Court in Case Number CCZ 8/ 14.
3. It is also apparent that the applicant has disobeyed those orders in clear contravention of s... More
:After hearing argument in this matter I dismissed the applicant’s application with costs pegged on attorney – client scale. I indicated my elaborate reasons would follow. Here they are:-
BACKGROUND The applicant and the respondent were both co-shareholders and co-directors in a company called GRAPHIC AGE (PRIVATE) LIMITED, a company duly registered in accordance with the laws of this country.
In December 2006 the applicant resigned as Director of the company and the respondent, in accordance with the parties’ shareholders’ agreement swiftly moved to exercise his pre-emptive rights to acquire the entire shareholding in the company. This, he did after... More
Mr Hungwe of Messrs Hungwe and Partners legal Practitioners, Harare is the duly appointed executor in the above referred estate. The executor has been involved with this estate from 2005 up until now. Counsel has yet to draw up the final estate account.
It is noted that this estate has been quite involving as it necessitated quite some protracted litigation in order to trace and fully account for some of the state assets. More
This is an application for the rescission of a judgment of my own that I gave on 24 September 2009 in favour of the applicant’s regarding the legality of the registration of various mining claims in the names of the applicants. It is important that I set out the order which I gave then and what thereafter occurred leading to the present proceedings. More
This is an application for confirmation of a ruling by a labour officer. The application is in terms of section 93(5a) and (5b) of the Labour Act, [Chapter 28:01]. (The Act). The application arises from a ruling where the 2nd respondent claimed that he had constructively been unlawfully dismissed. He sought to be paid damages thereof and terminal benefits. The claim of constructive dismissal was dismissed. However he was awarded terminal benefits of payment for leave days. Although he had claimed 43, 46 leave days he was granted 33, 95 as said to be admitted by the 1st respondent, the... More
Appellant was employed by the Respondent as its Managing Director. In 2018, the Auditor General was requested to carry out an audit and forensic investigation in the operations of ZESA Holdings and its subsidiary companies. The Auditor General in turn contracted PriceWaterhouseCoopers (PWC) to carry out the audit. The latter made a report to the Auditor General upon completion of the audit in January 2019. The audit report made certain findings and recommendations. In respect of Respondent’s books of accounts, it was stated that certain transactions had been made irregularly and it was recommended that Appellant be charged with misconduct.... More
After hearing submissions from both parties, I delivered an ex tempore judgment in which I dismissed the application. These are the full reasons for the ex tempore judgment.
This is an application for rescission of judgment. It arises from a judgment handed down by this court (per MAKAMURE J) on 9 August 2019, in terms of which an application for confirmation of a draft ruling made by the 2nd respondent was dismissed. More
This is an appeal against an arbitral award issued on 3 June 2015 in favour of the respondents. The respondents were employed by the appellant in various capacities. They were being paid wages below the stipulated amount resulting in them referring the matter to conciliation. The matter could not be settled at conciliation and was subsequently referred to arbitration. The arbitrator ruled that each of the respondents was underpaid by an amount of $4 495.86. Appellant was ordered to pay a total of $13 487.58 for the period June 2012 to June 2014.
Aggrieved, appellant noted the present appeal. Grounds... More
The Appellant was employed by Concorde Clothing (1975). On 6 September, 2011, the Chief Executive Officer of Concorde, Mr Patel was doing his routine visit of the operations at Bonar Industries and he saw the Appellant sitted while his colleagues were working. The Chief Executive Officer asked him why he was not working; the Appellant did not respond; he remained sitted. After a moment, he stood up, put his hands in his pocket and walked away without saying anything. More
The brief background of this matter which is generally common cause is that, applicant was in 2nd respondent’s employ as a Chief Security Officer. On the 15 July, 2020 applicant was suspended from service for contravening Section 4 (a) of the Labour (National Employment Code of Conduct), Regulations 2006, (Statutory Instrument 15 of 2006) hereinafter referred to as the Model Code. More
On the 11th April, 2019 applicant issued a draft ruling in the matter between ERIC MASHUMBA and ZIMBABWE FARMERS UNION. In the ruling, applicant ordered 1st Respondent to pay 2nd Respondent an amount of $9 120,00 as underpayment of salaries. More
The factual background of this matter which is generally common cause is that:
- Appellant was in 2nd respondent’s employ under the 1st respondent and his duty among others was to conduct road tests on holders of Learners licenses and if the holder proves that he is competent to drive, issue him/her with a certificate of competency.
- There are certain tests that are specific to certain classes of vehicles and are not applicable to other classes, namely the 3 point turn is conducted on class 4 and not class 2 road tests.
- On the 27th August, 2019 appellant... More
