According to the applicant, sometime in 2009, he joined the Chimoyo Housing Cooperative Society in order to secure a residential property. Prior to the applicant joining the Chimoyo Housing Co-operative, the applicant averred that in 2008 Chimoyo Housing Cooperative was given a block of stands ranging from Stand Number 6380-6391 Retreat Waterfalls by the then Harare Metropolitan province Resident Minister. The applicant further stated that Chimoyo Housing Co-operative then distributed these block of stands to its various paid up members. The applicant claimed to have been allocated Stand No. 6385 Retreat Farm Waterfalls, (hereinafter called “the property”) in 2014, by... More
This is an application for condonation for late noting of an appeal. The applicant intended to appeal the decision of the employer that was made in terms of an employment code, Statutory Instrument 93 of 2019 Collective Bargaining Agreement for the Medical and Allied Industry.
The Applicant was charged, tried, convicted and a penalty of dismissal imposed. His appeal at the workplace failed. He delayed in noting his appeal
to the Appeals officer’s upholding of the decision of the disciplinary committee hence the present application. More
CHIDZIVA, J:
This is an application for leave to appeal against the judgment of this court that was handed down on 31st May 2019. In its judgment this court ordered that the decision of the Negotiating Committee be set aside. More
The applicant appeared before the High Court at Gweru on the 18th of May 2009 on a charge of murder. He was convicted of murder with actual intent. The learned judge sentenced the applicant to life imprisonment. The applicant sought to appeal against both conviction and sentence and brought this application before this court on 17 October 2018, some nine years after conviction and sentence. More
The 3 applicants appeared in a joint trial before the Provincial Magistrate’s court at Harare Magistrates Court where they were jointly charged with contravening s 5 (3) (a) of the Public Health (Covid-19 Prevention and Containment Regulations SI 77 of 2020 ie. Pasturing and Convening a Public Gathering. They all pleaded guilty to the charge and were duly found guilty and sentenced to 12 months’ imprisonment 5 months of which was suspended for 3 years on condition that they do not contravene the said Regulations. The applicants were dissatisfied with the sentence which they regarded for reasons addressed in the... More
This is an appeal against an arbitral award handed down on 4 November 2014, in terms of which the respondent was ordered to pay the appellants’ terminal benefits by monthly instalments. More
The applicant was convicted on his plea on two counts of armed robbery in contravention of s126 (1) (a) of the Criminal Code and one count for unlawful possession of a firearm in contravention of s4 (1) of the Firearms Act (Chapter 10:09). He was sentenced to 7 years imprisonment on each count of armed robbery. Of the total 14 years 3 years imprisonment was conditionally suspended for 5 years. Of the remaining 11 years one year was suspended of condition of restitution. On the third count he was sentenced to pay a fine of $500-00 in default of payment... More
The appellant was arraigned before the Magistrates Court at Harare on a charge of one count of rape as defined in s. 65 of the Criminal Law (Codification and Reform) Act, [Cap 9:23.] He pleaded not guilty but was convicted after a protracted trial. Upon conviction he was sentenced to 12 years imprisonment of which 5 years imprisonment was suspended for 5 years on condition of future good conduct. More
The chequered background to this matter which, in essence, is a quest for compensation for the value and improvements to certain property to the tune of $150 000.00 is as follows: When Kenias Muzanya died on 24 December 2004 he left a will dated 16th December 2004. More
The Appellant noted an appeal against the determination handed down by the Arbitrator on 25TH March, 2013.
The Appellant is a former employee of the Respondent. He was dismissed from employment on the 2nd of August 2011. The Appellant initially pursued conciliation before the Labour Officer and when that failed the matter was referred for compulsory arbitration. The Arbitrator on 6th of August 2012 then issued an award by which Respondent was directed to reinstate Appellant without any loss of salary and benefits from the date of unlawful dismissal. In the event that reinstatement was no longer tenable the Respondent... More
On 12th February 2013 this Court’s Registrar issued a notification to the parties to attend today’s hearing. The notification was issued in terms of Rule 19 (3) (a) of the Labour Court Rules S.I. 59/06 (hereafter called the Rules). At the hearing Applicant was represented by a unionist. Respondent was represented by an attorney. The attorney raised a point inlimine. This was to the effectthat Applicant was barred for failure to file Heads of Argumenttimeously Applicant’s representative stated that he had problems communicating with Applicant. As a result he failed to filed Heads timeously. He did however manage to file... More
