This is an appeal against the decision of the Respondent’s General Manager who upheld the Appellant’s dismissal following a disciplinary hearing where Appellant was found guilty of unlawfully disobeying a lawful order and gross inefficiency in performance of his work in breach of the Respondent’s Code of Conduct. More
This is an appeal against the decision of the respondent’s disciplinary committee to dismiss appellant from employment. The appellant was charged with:
(i) Improper performance of duty and
(ii) Dishonesty, including falsifying of documents.
It was alleged that the appellant processed applications by two Americans i.e. S. Megman and A. Hugeon as shown by visa sticker numbers 061213 and 061216. The originals of those visa stickers were then found in the passports of two Indian nationals who are in Category C of the visa region. The visas also appeared to have been stuck into the passports using glue which is... More
The plaintiff company issued summons against the defendant company on 25 November 2009. It claimed the payment of US$ 2 957.10 being the cost of the outstanding bags of mealie meal delivered to the defendant; interest at the prescribe rate from the date of the issue of summons to the date of payment in full and costs at the legal practitioner and client scale. The defendant contested the matter. More
The appellant was employed by the respondent as an investigation officer level 8 which is a managerial position. The appellant was on a fixed term contract which expired in July 2014. A new four year contract was entered into commencing August 2014 and expiring July 2018. In November 2014 the respondent became aware that the appellant had been involved in acts of misconduct in December 2013 during the currency of an expired contract. Investigations were carried out and the appellant was arraigned before a disciplinary and grievances committee facing a charge of having acted in a manner inconsistent with the... More
The appellant in this matter appeared before a magistrate sitting at Filabusi Magistrates Court, charged with the crime of stock theft in contravention of section 114 (2) (i) and (ii) of the Criminal Law (Codification and Reform) Act, chapter 9:03.
It was alleged that on a date unknown to the prosecutor but during the month of June 2017 and at Filabusi grazing lands, Samuel Nsingo and Obvious Mlauzi or one or more of them went to Papama area where they found five (5) herd of cattle grazing freely unattended. The two then stole and drove the 5 cattle to their... More
MAKONESE J: On 19th January 2019, the country was rocked by demonstrations and protests under the code name “Shutdown Zimbabwe”. In Bulawayo, the second largest city, mobs of violent protesters went on a rampage burning motor vehicles, assaulting innocent civilians and causing massive destruction to property. A police officer, Ekson Maure was caught up in the melee, andwas assaulted by unknown persons. He sustained fatal injuries and later died. On 24 April 2021 the two applicants were arrested on murder allegations. They both deny the charge. Applicants are currently in remand at Khani Prison. Applicants apply for bail pending trial.... More
This is a chamber application for condonation of late filing of appeal against a decision of the Respondent’s Disciplinary Committee. Applicants were dismissed on 25 September 2012. The letters notifying them of the results of the disciplinary hearing and penalty of dismissal have an endorsement “refused to sign”. Applicants however claim that they were not given a dismissal letter but were given minutes of the hearing. They further claim to have been advised by NECCS for Agriculture that they were out of time to appeal. They also indicate that at the Ministry of Labour the Respondent said the Labour Officer... More
The applicant has approached this court in terms of r 31(3), seeking the dismissal of the respondent’s action in case HC 783/22, for want of prosecution. The application is premised upon the failure of the respondent to file his replication to the defendant’s plea, and to take any further steps to prosecute his matter, in the main action thereafter.
The facts and the inaction of the respondent to file further pleadings are not in dispute. It is common cause that, the applicant and the respondent were once co-directors in the same Company, sharing the same business premises. It is alleged... More
On 29 November 2021 my brother Musithu J granted the following provisional order in the urgent application proceedings.
“It is ordered that:
Pending the determination of this matter on the return day, the applicant is granted the following interim relief:
1. The operation of the circular resolution executed by the first and second respondents dated 1st October 2021 authorising the placing of Adlecraft Investments (Private) Limited under voluntary business rescue proceedings is suspended.2. The respondents are hereby interdicted from implementing the terms of that resolution.” More
This matter was brought as an urgent chamber application seeking a spoliation order following what applicants alleged was forced eviction from premises known as Stand 14432 Salisbury Township which they were letting from the respondent, the National Railways of Zimbabwe, a parastatal. I heard the matter on the merits having made a decision at the hearing that the argument that the matter was not urgent because the applicants had failed to take action between the 29th of December and the re-filing of the application was not sustainable. More
The Respondent worked for Appellant as a Till Operator. He was dismissed from employment with effect from 29 October, 2010 on a charge of UNSATISFACTORYWORK; PERFORMANCE.It was Respondent’s case that firstly, on the 11th of September, 2010 he took an orange drink and vanilla biscuits to another till operator, Joseph Dube. Although the till operator rang the goods on his till, the Respondent did not pay for the goods.Secondly, on several occasions between the 23rd September, 2010 and 27th September, 2010 the Respondent incurred shortages amounting to $131, 77 as follows;
22/09/10 $15, 09
23/09/10 $61, 66
24/09/12 $19, 48... More
This is an application for leave to appeal judgment LC/H/223/20, a judgment of this court. The respondent hasraised two preliminary issues. These are:
(i) That the judgment was a default judgment and therefore not appealable andthat the proper course of action is to apply for rescission and
(ii) That the application should be heard by a judge in chambers and not in open court. It was argued on behalf of the respondent that the application or leave ought to have been done through a Chamber Book.
In support of his submission on when or before who an application for leave... More
This is an appeal against the decision of the Chief Designated Agent of the Negotiating Committee of the National Employment Council for the Commercial Sectors of Zimbabwe upholding a decision of its Local Joint Committee overturning the respondent’s dismissal of the respondent from its employ following disciplinary proceedings. The respondent had preliminary issues to raise. However , at the commencement of the hearing Mr Muhambi who represented the respondent abandoned the preliminary issues so that the merits of the case could be considered. That was commendable as this expedites finality to litigation. The facts of this matter appear not to... More
The appellant, “Old Mutual Zimbabwe” created a trust, whose purpose, as captured in the trust Recordal “was to promote the objectives of the Indigenisation Laws and to comply therewith, and as an incentive scheme for the employees of the Company and its subsidiaries.” The Minister of Youth Development, Indigenisation and Economic Empowerment, who was the authority responsible for administering the Indigenisation and Economic Empowerment Act [Chapter 14:33], gave his approval of the trust and confirmed that it complied with the legislation on Indigenisation and Economic Empowerment. More
