This is an appeal against the decision of a Disciplinary Committee constituted by the Respondent, in terms of which the Appellant was dismissed from employment for breaching his contract of employment and conditions of service. More
The applicant was charged of acts of misconduct at the workplace. The procedure for the hearing was that there would be a hearing committee and a prosecutor/presenter of the case. At the hearing the prosecutor (who is late) entered into a plea bargain with the applicant’s counsel. Unfortunately the plea bargain was not disclosed to the hearing committee as such. The applicant was heard and he apparently pleaded guilty and was convicted. However the penalty did not follow the plea bargain. The Applicant appealed to the Appeals Committee but did not raise the review issues. It is noted that Codes... More
1 This is an application for review of the proceedings of the disciplinary authority. Those proceedings were subject of an internal appeal which appeal upheld the proceedings. More
This is an appeal against the respondent’s decision to dismiss the appellant. The appellant raised 3 grounds of appeal. At the commencement of the appeal hearing a preliminary issue was raised on behalf of the respondent. The issue was whether or not grounds 1and2 of appeal were properly before the Court. After hearing and considering argument the Court upheld the preliminary issue and ruled that the two grounds were not properly before the Court More
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
