This is an appeal against the decision of the appeals officer which decision upheld the decision of the hearing officer. The appellant was charged and convicted in terms of section 15.9.1 of the Old Mutual Code of Conduct. It reads-
“Failure to fulfill the expressed or implied conditions of the contract of employment or any breach of the employment contract”.
The charge further specified Clause 8(1) of the employment contract which reads-
“The employee will perform his/her duties in the best interests of Old Mutual and will refrain from any action which may in any way harm the good name... More
This is applicant’s third attemptat being admitted to bail following two previous failed applications. He brings this application in terms of section 116 (c) proviso (ii) of the Criminal Procedure and Evidence Act, [Chapter 9:07] (“the CPEA”) which entitles one who has been unsuccessful in previous bail applications to institute a fresh one, the latter which however must be based“new facts” which were hitherto not placed before the court in such previous application(s) or those which have since arisen in the intervening period. More
On 9 January 2008 the respondent engaged the appellant as an Operations Contract Manager in terms of a written agreement. The agreement provided that the appellant would be an area manager responsible for Ngezi North. The preamble to this agreement read as follows:
Sandvik Mining and Construction Zimbabwe have entered into an agreement with various mines to provide maintenance service contracts. Under the terms of these contracts, Sandvik Mining and Construction Zimbabwe has agreed to make human resources available to these Mines, in order to maintain their equipment. More
This is an appeal against the entire judgment of the Labour Court handed down on 13 November 2015. In that judgment, the court a quo dismissed an application for review, brought by the appellant against the decision by the respondent summarily retiring him from employment at age 60. More
This is an appeal against the judgment of the High Court dismissing with costs, an application by the appellant seeking an order restraining the transfer of or in the event that the property had already been sold, an order reversing that sale and giving the appellant the right to purchase certain immovable property commonly known as no 8 Price Road, Emerald Hill, Harare. More
The applicant approached the Constitutional Court (“the Court”) in terms of r 32(2) of the Constitutional Court Rules, 2016 (“the Rules”) seeking leave to appeal against an order of the Supreme Court (“the court a quo”) which was couched as follows:
“WHEREUPON, after reading documents filed of record,
IT IS ORDERED THAT:
The appeal having been withdrawn, the appeal be and is hereby dismissed with no order as to costs.” (emphasis added) More
Application for condonation for late noting of review application was filed at the instance of the applicant employee. The respondent employer opposed the condonation and raised a point in limine. It is the point in limine which is the subject of this judgment.
The employer takes the point that the condonation application is improperly before the court as it is based on a defective notice of review. Its argument is that LC5 the form on which a review application is to be made makes it clear that the application shall be accompanied by a founding affidavit which the respondent would... More
1. This is an appeal against the decision of the employer finding the Appellant guilty as charged and imposing a penalty of dismissal. The appeal is against both the conviction and the penalty. The appeal was opposed. More
The plaintiff instituted action proceedings against the defendant claiming delictual damages. The back ground to the matter is as follows. On 30 January 2010, the plaintiff and the defendant were driving their motor vehicles along Borrowdale Road. The motor vehicles were involved in a collision near Celebration Centre. The collision was caused by the negligence of the defendant in that he drove his motor vehicle without due care and attention to other road users. The defendant paid a fine as an admission of guilty. More
This is an appeal against the decision of the magistrate refusing to admit the appellants to bail pending trial. The appellants appeared in the court of the magistrate on the 23rd March 2020, facing five counts of robbery as defined in section 126 of the Criminal law Codification and Reform Act [Chapter 9:23]. More
The applicants were offered stand No. 1211 Medium Density, Woodbroke North Bindura by the respondent on 17 November 2011. The full purchase price on the offer letter was in the sum of USD1500.00 which applicants paid in full upon acceptance of the offer. The respondent proceeded to allocate the stand to the applicants and deferred the signing of the Agreement of sale to a later and unspecified date pending servicing of the stand. The respondent has decided to ignore and distance itself from the offer and has issued the applicants with an agreement of sale in respect of the same... More
Applicant is facing allegations of contravening section 157 (1) (c) of the Criminal Law Codification and Reform Act (Chapter 9:23). It is alleged by the state that on the 2nd of September 2020 and at around 1200 hours detectives from Criminal Investigations Department, Drugs and Narcotics, Bulawayo, carried out a raid at appellant’s residence at 214 Harrisvale, Bulawayo. Detectives searched the yard and discovered 51 dagga plants in a garden. The plants measured between 15 to 150 cm in length. Appellant was granted bail on his initial appearance. The trial commenced and at the close of the state case appellant... More
This is an application for review of the events that eventually led to the applicants’ retirement/dismissal from employment. It is alleged that the Town Clerk acted ultra vires his mandate in that he made the decision meromotu in the absence of a Council Resolution to retire the first and 2nd Applicants. It has also been submitted to the court that the 3rd and 4th Applicants’ offices have been abolished by the Respondent and thus abolition amounts to a defacto retrenchment exercise. The Applicants have told the court that this is a unilateral variation of the employment contract. More
The two applicants seek to reverse the sale of a property in a deceased estate. The property is known as 16286 Unit M, Seke, Chitungwiza and it belonged to the estate of the late David Chirikure Mukarati who was their father. They also seek that that the agreement of sale of that property entered into by the executor Noreen Chikaka, being the second respondent herein, with the purchaser being Anderson Remuyanga who is the 4th respondent herein, be declared null and void. They also want title of the property to be resuscitated in the name of the late David Chirikure... More
: This matter is an application for bail pending appeal. Before the Regional Court applicant was the first accused of the three accused in that matter. They faced four counts of rape as defined in Section 65 (1) of the Criminal Law (Codification and Reform Act) Chapter 9:23. The allegations were that the accused person’s raped female minors aged four, eight and 11 years old More
