Mr Mandevere appeared on behalf of the employer. He submitted that he was raising two preliminary points for determination by the court. The first was that the entity cited in the application and in the hearing is not a legal persona. The second issue was that the order granted by the applicant was not registrable as required in terms of the Act, as amended.
I will deal with the first issue. Mr Mandewere argued that the correct employer was the Zimbabwe Power Company which owns ZPC Kariba Football Club. He stated that ZPC Kariba FC did not exist. A reading... More
After hearing the application for confirmation that had been placed before me in terms of Section 93 of the Labour Act [Cap 28:01]the court issued an order on 1st of November, 2017 in the following terms;
“IT IS ORDERED THAT:
1. The 1st preliminary point is dismissed.
2. The 2nd preliminary point is dismissed.
3. The application for confirmation of draft ruling be and is hereby dismissed.
4. The draft ruling per Sabilika N.O. dated 22nd September, 2016 be and is hereby set aside.
5. There is no order as to costs.”
The 2nd Respondent having written to the Registrar... More
This is an application for the confirmation of a ruling which was made by a labour officer in a matter pitting the first respondent employee and the second respondent employer.
The law is clear in section 5 of the Labour Amendment Act that once a labour officer has made a ruling in a dispute of right brought before him by the parties he shall within a reasonable time apply to the Labour Court to have his ruling confirmed. This is what the labour officer who is the applicant in the case at hand seeks to achieve. More
On 9 December 2015 I made an order dismissing an application for condonation. On the basis that I did not find that the explanation given for the delay was reasonable and further that the applicant’s prospects of success on appeal were NOT good ones. More
The applicant was employed by the 1st respondent as a Constable in the Zimbabwe Republic Police. Applicant sustained certain injuries whilst on duty at Western Commonage Police Station. Although applicant received medical treatment the employer felt that a discharge on medical grounds was called for and applicant was so discharged on 5 August 2019. In so acting, the 2ndrespondent proceeded in terms of section 20 of the Police Act, Chapter 11:10. (The Act). More
This is an appeal against the respondent’s (employer’s) decision to find the appellant guilty of ‘Theft or fraud’. The factors which gave rise to the allegations against the appellant were that illegal panning activities were taking place in and around 9E30 Western Haulage at the employer’s mine. Security details and an overseer miner had detected illegal blasts in the section. An investigating team that was set up found that panning activities had taken place. More
This is an urgent application for stay of execution of a writ of ejectment and execution against moveable property issued on the 12 November 2020. The title of the application is “urgent chamber application for stay of execution pending an application for rescission of default judgment and application for condonation for late filing of plea and upliftment of bar made in terms of rules 241, 244, 247 of the rules of the High Court, 1971.” The parties are presently in litigation on several fronts. In his oral submissions, Mr Chivore, counsel for the 1st respondent said there are currently five... More
Applicant, a duly incorporated clearing agent registered with the first respondent, an administrative revenue collection authority, in terms of the laws of Zimbabwe, has approached this court on an urgent chamber basis, seeking an interim relief suspending the decision by the first respondent of suspending its agents clearing bond. The second respondent is the Minister, in charge of the Ministry responsible for health compliances at ports of entry at border posts. More
This Urgent Chamber Application was placed before me because the Chief Justice was not available to hear it. The application raised two questions for determination. The first question is whether an interim order suspending the operation of legislation compelling payment by a taxpayer of the amount of tax liable to be paid notwithstanding an appeal to the Fiscal Appeal Court or pending a decision of a court should be granted pending the hearing and determination of the main application challenging the constitutional validity of the legislation by the full bench of the Constitutional Court. The second question is whether an... More
The applicants were arrested and arraigned before the magistrates’ court on three charges of Money Laundering as defined in s 8(3) of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] and three counts of Fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. More
The background to the application is that the second respondent in the exercise of prosecution power reposed in it and carried out through the Prosecutor General instituted criminal charges against the applicants and five other accused persons in the Harare Magistrates Court on 16 August 2022. The other six accused were Pius Manamike, Maxmore Njani, Fortunate Molai, Chiedza Danha and Pierpoint Monroix (Pvt) Ltd. They were, under case number HACC 393-399/22, charged on three counts of offending s 8(3) of the Money Laundering and Proceeds of Crime Act [Chapter 9:24]. In very broad terms the accused persons were alleged to... More
This is an application for the cancellation of Deed of Transfer 2541/14. The deed wasissued by the third respondent in favour of the first respondent after the second respondentallegedly sold the disputed property to the first respondent. Prior to Deed of Transfer2541/14 being issued, the applicant and second respondent had been involved in a matter, HC 218/12, in which the applicant sought transfer of the disputed property from the second respondent. More
This is an appeal against the award that was handed down by honourable arbitrator R E Nhiwatiwa on 6 September 2015. The arbitrator ordered the respondent Mazurura Store to pay Sumali Dinners a total sum of USD$16 425 being underpaid wages, cash in lieu of leave and overtime pay. More
On the 5th June 2006 the plaintiff issued summons against the defendants seeking an order for the cancellation of an agreement of sale against the refund of all amounts paid by the defendants on account of the purchase price as at the date of issue of the summons. The defendants disputed the claims by the plaintiffs. The matter proceeded to trial. At the close of the plaintiffs’ case, I granted absolution from the instance. The matter went on appeal.The Supreme Court set aside the order for absolution and the matter was referred back for evidence to be led from the... More
This is an appeal against the decision of the respondent employer where it demoted applicant from her position as acting headmistress following allegations of acting contrary to her duties in breach of the Public Service Regulations 1 of 2000 as amended. More
