This is an application for confirmation of a ruling and order made in terms of section 93 (5a) and (b) of the Labour Act [Chapter 28:01], as amended. More
On 15 February 2021 I dismissed this bail application pending appeal filed by the applicants. I gave a brief ex tempore judgment for the dismissal. The applicants have requested through the Registrar for a fully dressed judgment. More
This appeal seeks the setting aside of the internal appeals officer’s decision and the reinstatement of the appellant with no loss of salary or benefits or alternatively the payment of damages in lieu of reinstatement. More
MAKARAU JA: The appellant and another who is not a party to this appeal, appeared before the High Court sitting at Harare, charged with one count of murder. After a contested trial, they were found guilty of murder with actual intent and were sentenced each to 25 years imprisonment. It was the finding of the court a quo that on 11 March 2011, they had unlawfully and intentionally caused the death of one Alneshto Bayeta by pushing him down a steep slope into Marongora Game Park which is infested with wild animals. More
The applicant was on the on the 29th of September 2013 convicted by this court of murder in terms of section 47(1) (a) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. He was sentenced to 25 years imprisonment. On 6th of June 2018, he filed an application for condonation for late noting of leave to appeal against both conviction and sentence. More
This is an appeal against the respondent’s decision to dismiss appellant from its employ on allegations that appellant committed acts which are inconsistent with the express or implied conditions of his contract of employment. More
At the onset of oral argument in this Court, Respondent raised an objection which Applicant opposed. Appellant’s appeal was signed for by D. Chiwara of the National Union For the Plastics, Pharmaceuticals, Fertilizers, Chemicals, Batteries Manufacturing and Allied Industries of Zimbabwe. However Respondent operates in the transport industry. Its employees are represented by the trade union for the transport operator’s industry. On that basis respondent objected to the representation of appellant (its employee) by the plastics and allied industries union. More
There is a long drawn out dispute between the parties herein. The parties have been in and out of this court over an immovable property identified as Stand Number 227 Carrick Creagh Estate Borrowdale, Harare (the property). More
The applicant is incarcerated in remand prison on allegations of fraud as defined in s 136 of the Criminal Law Codification and Reform Act [Cap 9:23]. He is alleged to have fraudulently converted to his own use 30 tones of fertilizer valued at US$16 200.00 which he had been contracted to transport. More
On 12 June 2007 the applicant was issued with an offer letter under the Land reform and Resettlement Programme (Model A2 Phase II) authorizing him to lawfully hold, occupy and use the whole of subdivision 8 of Welston in Harare in the District of Mashonaland East Province approximately 42.07 hectares in extent. The applicant has since taken occupation of that land on the strength of the offer letter. More
On 12 June, 2007 the applicant was lawfully offered by way of an offer letter subdivision 8 of Welston Farm. Prior to its acquisition by the second respondent the farm used to belong to first respondent. Despite the gazetting of the farm, the first respondent did not vacate the farm after the expiry of the periods set out in the law.
On 5 February, 2009, the applicant, in the company of others took occupation of the farm in the absence of the first respondent. It was on this basis that the first respondent, in case number HC 612/09, on 18... More
This is an appeal against the decision of the National Employment Council for the Printing, Packaging and Newspapers Industry Appeals Committee (NEC) which confirmed appellant’s dismissal from respondent’s employment.
The appellant was charged with misconduct in terms of the Printing, Packaging Code of Conduct Statutory Instrument 148 of 2009 (the Code), sections 18 and 20 (2). More
“1. The Honourable Arbitrator seriously misdirected himself on the facts by finding that the Appellants failed to discharge the onus on them to prove on a balance of probabilities, the existence of a contractual obligation of the Respondent to assist and/or provide Claimants financial assistant to purchase residential stands for them, and sell them its own trucks at bank value and provide them with medical insurance. Such a finding was not supported by any evidence and was contrary to the evidence presented before the Honourable Arbitrator.
2. The Honourable Arbitrator erred by finding that the Appellants were not owed overtime... More
This is an application for review of proceedings and decision of a Trial Officer in terms of the Police Act I must point out from the outset that despite the nomen-clature, these proceedings are of a civil nature. However trial procedure must closely resemble trials in the Magistrates Court. The applicant seeks the following relief;
“1. The application be and is hereby granted.
2. That the decisions of the 1st respondent done on the 15th of January 2019 be and are hereby set aside.
3. The applicant is hereby granted leave to approach the Constitutional Court of Zimbabwe on the... More
