Applicant was in the employ of the Respondent as a baker. During the course of this employment he was charged with misconduct. As can be gleaned from the ‘Charge Sheet’, Applicant was charged with ‘Absenteeism’ in terms of Group IV Offences, Section 1 of the Code of Conduct ‘Absence from work for seven (7) or more working days without reasonable excuse’. It was alleged that he had not reported for duty during the period extending from 10 October 2019 to 20 October 2019. A letter suspending the Applicant from duty without salary and benefits was issued by Respondent on 21... More
This is an application for bail pending appeal following the applicant’s conviction for attempted murder and unlawful possession of a firearm. In respect of the attempted murder charge he was sentenced to four years imprisonment of which one year was suspended for five years on condition of good behaviour. In respect of the second count of unlawful possession of a firearm he was sentenced to twelve months imprisonment of which five months were suspended for five years on condition of good behaviour. More
The six appellants were charged with contravening s 368 (1)(a) as read with s 4 of the Mines and Minerals Act 1 of 2006, that is to say, unlawful prospecting or searching for any Minerals, Oil or Natural gas without a valid prospecting licence. More
The appellant was tried and convicted by a Provincial Magistrate sitting at Bulawayo on a charge of theft as defined in section 113 of the Criminal Law Codification and Reform Act (Chapter 9:23). The appellant denied the charge but following a full trial she was convicted and sentenced to 36 months imprisonment.
Aggrieved and dissatisfied with both conviction and sentence she noted an appeal in this court.
Factual background
On the night of 10th September 2018 complainant met the appellant at Red Café Night Club along Robert Mugabe Way and Corner 11th Avenue in Bulawayo. Complainant made sexual advances towards... More
This is a court application for an order directing the first Respondent to release to the Applicant a Toyota Corolla Motor Vehicle registration number AAV 2760 and the second Respondent to release the registration book of that vehicle which the second Respondent allegedly took from the Applicant ostensibly for purposes of verification of its authenticity. More
This is an application for the setting aside of the judgment given in default of the applicants in Case No. HC 11164/17. The judgment was given on 15 May 2018. The application is opposed by the first, second and fourth respondents. In addition to contesting the application on the merits the respondents took certain objections in limine which the court would need to consider first. However, a consideration of the grounds of objection requires that the background facts be outlined first as they are relevant to the determination of the objections in limine. The following are the material facts which... More
This matter was initialed set down for hearing on 28 May 2010. When the matter was called I requested counsel to address the issue of the legality of the transaction between the parties given the existence of two agreements with differing purchase prices. Counsel duly furnished supplementary heads of argument on the issue and I am grateful to both for their diligence. More
Appellant was employed by the Respondent as its Concentrator Manager. Allegations of misconduct were levelled against him it being alleged that he had wrongfully and unlawfully made personal purchases using the company system without the requisite authority to do so. He was brought before a Disciplinary Committee which found him guilty and recommended his dismissal. An appeal to the Appeals Committee did not meet the desired results as that Committee upheld the decision of the Disciplinary Committee. Appellant has approached this Court for relief. More
Appellant appealed to this Court against his dismissal from employment by Respondents. The appeal was made in terms of Section 51(1) of the Public Service Regulations S.I. 1 of 2000. Respondents opposed the appeal. More
Applicant applied to this Court for the review of his dismissal from employment by Respondent. The application was made in terms of sections 92 EE and 89(1) of the Labour Act Chapter 28:01. Respondent opposed the application. More
Appellant (employee) appealed to this Court against his dismissal from employment by respondent (employer). The appeal was made in terms of Section 92D of the Labour Act Chapter 28:01 hereafter called the Act. The employer opposed the appeal. More
The appellant was employed by the respondent as a processing officer and was stationed at Parirenyatwa Hospital Sub-office.
The appellant was charged with misconduct in terms of Section 44 (2) (a) as read with paragraph 3 of the 1st schedule of the Public Service Regulations SI 1 of 2000; failure to perform any work or duty properly assigned, a failure to obey a lawful instructions, including circulars, instructions or standing orders issued by the commission, the treasury or the accounting officer, the specific allegations were that she had improperly completed a notice of Birth of a child (BDI) forms in... More
[1] This is an appeal against the decision by an arbitrator.
[2] The appellant appealed on the grounds that: the arbitrator grossly erred at law and in fact as the dispute had prescribed and therefore lacked jurisdiction ; the arbitrator relied on the evidence of an audit report that was not placed before them; the appellant in her capacity as Office Manager /Administrator of the respondent was reposed with wider and more robust responsibilities which allowed her to conclude agreements as she did; the respondent failed to prove that the appellant had no lawful authority to sign the vehicle disposal... More