In this appeal the appellants were aggrieved by the determination of an arbitrator. The Labour Act Chapter 28:01 stipulates that only issues of law may be brought on appeal against a determination of an arbitrator. In this matter the arbitrator made a factual finding that the appellants were fairly dismissed after committing the alleged offences. The grounds of appeal raise issues of a factual nature. These grounds are therefore not properly before the Court. Further, there is no averrement that the Learned Arbitrator misdirected himself on the facts and that such misdirection amounted to a misdirection at law. In the... More
The first and second applicants are the adoptive parents of “A”, a minor child they adopted as a couple. After applicants adopted the minor children, they went on to obtain adoption orders from the Children’s Court at which point they took a further step to acquire birth certificates for them in terms of the Births and Deaths Registration Act. Central to the applicants’ case is the endorsement of the words, “unknown” on their children’s birth certificates. The applicants averred that they were shocked to discover that they had been issued with birth certificates which only had information about the children... More
This is an appeal against part of the decision of the respondents disciplinary authority which found appellant teacher guilty of act of misconduct of being absent from duty without excuse and for refusing to invigilate public examinations that were taking place at his school. Appellant was penalised by a fine of ZWL $45 000, transfer from Highfield School to Simbaredenga School and a reprimand. Appellant is unhappy with the guilty verdict emanating from his alleged refusal to invigilate Public examinations. He is also of the view that the penalties meted on him were harsh. More
This is an application for condonation for the late filing of an appeal and for an extension of time within which to note an appeal. The application is made in terms of r 43 (1) and (3) of the Supreme Court Rules, 2018. More
This application was dismissed on the date of hearing. A request has been made for reasons for the dismissal. These are they.
Applicant is facing a single count of contravening section 65 (1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. The allegations are that in March 2019 the applicant raped his 16 year old biological daughter. The complainant reported the matter to her uncle who took her to the police and filed a report. More
Firstthe plaintiffobtained an order for the joinderto his suit ofthe second plaintiff and third defendant before my brother Judge Mawadze on 28 September 2015. The order requiredthe third defendant (Wintertons Legal Practitioners), to file its plea within 10 days.
Without giving notice of intention to amend, the plaintiffs filed two “amended declarations” on 8 October 2015. On the same day plaintiffs proceeded to “serve” the amended declarations and order of joinder. They filed the affidavit of service of the first plaintiff as “proof of service” on 4 November 2015. More
This is an application for bail pending appeal. The applicants were convicted by the Magistrates Court at Chivhu of four counts of Stock Theft as defined in s 114 (2) (a) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. More
In a judgment dated 2 November 2018, this court set aside Arbitrator Bvumbe’s arbitral award. Applicants are dissatisfied with that decision and intend to approach the Supreme Court on appeal. This is therefore an application for leave to appeal in terms of s 92 F of the Labour Act, [Chapter 28:01]. More
The allegations against the appellants are that they rented a house in Bulawayo, being house No. 2024 Mahatshula (Mahatshula house) for the purpose of storage of stollen copper cables. In count 1, it is alleged that the police recovered from this house copper cables varying from overhead copper conductors, transformer copper bars, armored cables and scrap copper from electric motor winders and two digital scales. Scrap copper with a weight of 2600 kg valued at USD52 000.00 was recovered. In count 2, it is alleged that the Zimbabwe Electricity Transmission and Distribution Company (ZETDC) identified the recovered armored and overhead... More
This is an appeal against the judgment of the High Court Harare handed down on 21 November 2018 convicting the appellant of murder with actual intent as defined in s 47 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the “Act”) and sentencing him to death. The automatic appeal is against the sentence of death. After hearing submissions from counsel for both parties we with their consent dismissed the appellant’s appeal and indicated that reasons would follow in due course. These are they. More
This is an application for review of the Master of the High Court’s decision which was made on 12 October 2005. The applicants cited two grounds for review. Firstly, they submitted that the decision was grossly irregular in that it failed to recognize and uphold the clear intention of the deceased from the document purported to be his will. Secondly, the applicant submitted that the decision rejecting the will was grossly unreasonable. More
This is a civil appeal against a decision of the Magistrates Court sitting at Gweru.
The matter came before the Learned Magistrate as an urgent chamber application for eviction. In the court a quo the respondent herein was the applicant while the appellant herein was the respondent. More
The brief factual background is that the applicant on 6 November, 2013 appeared before a disciplinary committee to answer a charge of failure to follow a lawful instruction issued by his supervisor. He was found guilty and a penalty of dismissal was consequently imposed. On 26 November, 2013 he appealed under the provisions of the relevant code of conduct to the Managing Director. The Managing Director in his determination upheld the decision of the Disciplinary Committee. The next level of appeal under the code was the NEC Appeals Committee. On 21 January 2013 the applicant noted an appeal to that... More
This is an appeal against an award by an arbitrator. After hearing the matter the Learned Arbitrator confirmed the appellant’s dismissal from the respondent’s employ. Aggrieved by that award the appellant appeals to this court on the following grounds:
“1. The arbitrator grossly misdirected himself by concluding that it is legally correct for the respondent to selectively charge an individual for alleged misconduct arising from a collective decision of a board formed in terms of statute. In this case out of six members of the Procurement Committee only three members were charged and others were not, without any reason being... More
The only issue to be decided in this matter is the scale of costs By way of background the employee filed with this court a Notice to withdraw an application which he had filed with this court.
He however did not tender wasted costs. This prompted the employer to invite him to tender costs. Again he did not and this gave rise to the sitting where both parties presented before this court to argue the issue of costs only. The point of departure in the matter is that the employer is calling for punitive costs to be awarded against the... More
