DUBE-BANDA J:This is an application for bail pending appeal. The applicant was arraigned before the Regional Magistrate’s Court sitting in Bulawayo, on two counts of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him were briefly as follows: that on a date to the prosecutor unknown, but sometime during the month of April 2019, at number 28 Northway Burnside (house) Bulawayo he had sexual intercourse several times and on different occasions with the two complaints without their consent or realizing that there was a real risk or possibility that... More
The Appellant is appealing against the decision of the Appeals Committee. The grounds of appeal are as follows:-
“The Respondent erred by failing to produce minutes of the Appeals Committee. The ‘purported’ minutes ‘even’ determination are mischievous and calculated to cause miscarriage of justice. The ‘purported’ admissions in the ‘so called minutes’ are all a product of malicious falsehoods contradictory to the Appellant’s grounds of appeal before the Appeals Committee and a biased and futile effort to uphold traverse justice. The recordby the Respondent is misleading and not reflective of the proceedings. More
The Appellant was a school teacher at Domboremavhu Secondary School in 1997 and during that period, he was charged for having an improper association with a school pupil, convicted and discharged from the teaching service on 22 May, 1998. He appealed to the Labour Court but before the appeal was heard, the Commission referred the case for a magisterial inquiry which was conducted from 7 June, 2009 to 9 June, 2009. During the inquiry, the Appellant and the pupil both denied that they had an improper association. The Appellant’s evidence during the inquiry was that he was being framed. At... More
This is an appeal against the whole judgment by the Provincial Magistrate sitting at Mutare on 23 March 2020 where he granted an absolution from the instance in favour of the respondents where the appellant was seeking an order for eviction against them.
The appellant outlined his grounds of appeal covering three pages which need no repetition. Serve to mention that the grounds of appeal are all repetitive, argumentative and vague. As a result the respondents justifiably raised three points in limine as follows: More
This is an appeal against the magistrates court’s dismissal of a bail application pursuant to a finding that there were no changed circumstances.
THE BACKGROUND
2. The appellant is a principal law officer employed by the National Prosecuting Authority.
3. On 28 February 2022 he appeared before the magistrates court sitting at Harare on two counts of criminal abuse of duty as a public officer as defined in section 184(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code) as well as two alternative counts of defeating or obstructing the course of justice as defined... More
The background to this action is as follows. Miriam MUNEMO and Faina MUNEMO were both married to Thomas Munemo. He held a lease-to-buy agreement with the City of Harare over stand 9314 Budiriro Township, Harare. They assumed his rights, title and interest over the said stand upon his death. In September 2002, the two wives “sold” their rights, title and interest in the stand to the third defendant through the agency of one Davison Shonhiwa of Southern Life Executors. A month later, in October, they “sold” their rights, title and interest to the plaintiff. All formalities were observed regarding obtaining... More
The plaintiff issued summons for the ejectment of the defendant from House No. 14 Msasa Park Drive, Msasa Park, Harare. The basis of the plaintiff’s claim is that he is the sole owner of the immovable property. He avers that upon the termination of an unregistered union between him and the defendant, the defendant who had resided at the said premises during the subsistence of and on the basis of the unregistered customary union, refused to vacate the plaintiff’s house and remains in unlawful occupation thereof. More
I dismissed this application for bail pending appeal No. CA 825/19 on 24 March 2020. I have been requested by the applicant to provide a fully clothed judgment incorporating the reasons for the dismissal of the application. These are they.
The applicant was convicted by the magistrate sitting at Chinhoyi for contravening s 82(1) of the Parks & Wildlife Regulations S.I 362/90 as read with s 128(5) of the Parks & Wildlife Act [Chapter 20:14]. The applicant was convicted on 16 December 2019. Consequent on his conviction, the applicant was sentenced to the mandatory minimum sentence provided for the contravention... More
This is an appeal against the decision of the respondent’s disciplinary authority which dismissed appellant from employment following allegations of dishonesty including falsifying any document with fraudulent intent in contravention of the Public Services Regulations SI 1 of 2000 as amended. More
On 24 July 2024 we dismissed an appeal brought up by the appellant with an order of costs. Appellant then asked for our reasons for such a decision. We now avail the reasons.
FACTS
On 8 March 2016, the respondent, City of Mutare made a court application at Mutare Magistrate’s Court suing Manicaland Theatre Association of Performing Arts as first respondent, Henry Tsopotsa as second and Caroline Mapungwana as third for eviction. The application for the trio’s eviction was premised on the fact that first respondent also known as Courtauld Players had dissolved and formally returned the property to City... More
The Respondent, through its Notice of Response and Heads of Argument has taken a point in limine. The Respondent contends that the grounds of appeal do not conform to Rule 19 (1) and more particularly Form LC4 of the Labour Court rules, 2017 in that the grounds of appeal are not clear and concise. The Respondent further contends that grounds of appeal 4, 7 and 8 amount to narrations of events, they do not amount to grounds of appeal. The Respondent’s prayer is that the appeal ought to therefore be struck off the roll on this basis More
This is an application for bail pending trial, made in terms of s 116 (a) of the Criminal Procedure and Evidence Act [Chapter 9:07] (“the CPEA”) as read with this court’s bail rules.
The applicant, a former Mayor of the City of Harare, appeared before the Magistrates Court sitting at Harare on 13 March 2021 facing a charge of criminal abuse of duty as a public officer as defined in s 174 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
The appellant is a former CID detective in the Zimbabwe Republic Police who was, prior to disengagement, based at Harare Central Police Station. He, along with one of his co-accused, Given Mushore, are serving a term of three years imprisonment for unlawful entry committed in aggravating circumstances and a term of thirty years imprisonment for murder. This followed their conviction and sentence by the High Court of Zimbabwe sitting at Harare (the court a quo) on 17 August 2022. The court a quo ordered the two sentences to run concurrently. More
This is an appeal against the decision of the Arbitrator who dismissed the Appellant’s case on the basis that it had prescribed as provide for in section 94 of the Labour Act.
The brief facts of the case are the Appellant was dismissed in 2007 by Respondent following a hearing at the Respondent’s workplace. Appellant did not do anything to register his disagreement with the dismissal case until sometime in 2010 when he approached the labour officer with the view to having his case re-visited. He ended up at the arbitrator’s where the arbitrator noted that the claim was out... More
This judgment is in respect of an appeal which is cited by the appellant employee as an appeal against the verdict of the General Manager Appeals Authority dated 20 October 2023 and the NEC Appeals Committee decision of 17 November 2023. More
