This is an appeal against conviction on a charge of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appeal against sentence was abandoned at the hearing of the matter. The appellant was convicted following a trial. The appeal is opposed by the respondent. More
This is an appeal against the judgment of the Labour Court dismissing an appeal that in turn had sought an order setting aside an arbitral award finding the appellant guilty of misconduct and dismissing him from employment as a consequence thereof. Having found no merit in the appeal the Labour Court upheld the award and confirmed the dismissal of the appellant from the respondent’s employ. More
The plaintiffs are former employees of the third defendant who either retired, resigned, got retrenched or dismissed or were asked to proceed on leave until they were called back to work. The ex-employees are members of the first defendant, a pension fund in which they participated as employees of the third defendant. The plaintiffs were entitled to some pension benefits from the first defendant on termination of employment. The second defendant is a Board of Trustees, which oversees the operations of the pension fund on behalf of both the plaintiffs and the first defendant. The fourth defendant was sued as... More
In the exercise of its functions, the Labour Court may conduct a hearing into the matter or determine it on the record. See Section 89 (2)(a)(i) of the Labour Act [Chapter 28:01]. This appeal has proceeded in terms of the above section. More
This is an appeal against an arbitral award made in favour of the respondent.
The facts of the case are not in dispute. The appellant was employed by the respondent as a Chief Internal Auditor. According to the appellant on 6 February 2012 he was suspended for contravening the respondent’s Code of Conduct. It was alleged that the appellant wilfully lost council property and secondly for engaging in behaviour likely to harm the financial position of the council. More
Applicant applied to this Court for rescission of judgement in terms of section 92C of the Labour Act Chapter 28:01 as read with Rule of the Labour Court Rules, 2017. Respondent opposed the application. More
This application was placed before me in the unopposed motion Court of the 18 June 2020. When this matter was called during the middle of the roll, I stood it down to the end of the roll, in order not to inconvenience other legal practitioners who had simple and unopposed matters to deal with. I noted that the 2nd respondent filed an affidavit conceding the relief sought by the applicant.The matter is not opposed. I asked counsel for the applicant to make submissions, on whether a single judge of this court, may hear argument on the merits and set aside... More
The applicant a student at the University of Zimbabwe has approached this court on an urgent basis seeking the following relief:
Terms of the Final Order Sought
1. That the decision of the second respondent in his capacity as the Vice Chancellor of the second respondent to suspend the applicant be and is hereby declared unlawful and is accordingly set aside.
2. That the letter of suspension be and is hereby declared null and void and of no force or effect and is hereby set aside. More
The applicant who was charged with armed robbery applied for bail pending trial which the State did not oppose. In support of his application for bail the applicant attached Form 242 which reflected that police were opposed bail. Police in opposition to bail claimed that the applicant had confessed to having committed the offence and led the police to the scene of crime. More
The background to this appeal is that the appellant and his co-accused
Tapiwanashe Chiringa appeared before the Provincial Magistrate at Harare Magistrates Court on 27 February, 2021 on allegations of contravening contravened s 5 (3) (a) of the Public Health (Covid 19 Prevention, Containment and treatment) National Lockdown consolidation and Amendment Order of S. I 200/2020 as read with S. I 42/2021 (Partakes or convenes a gathering). The details of the charge were that on 25 February, 2021, the appellant in the company of accomplices still at large who included one Joana Mamombe and Cecilia Revai Chimbiri attended the magistrates... More
This matter was set down as an application for quantification of damages arising from an order of 16 October 2015 where the Labour Court ordered that the labour matter pitting the applicant and the respondent employer be heard de novo at arbitration after it was observed that the arbitral award had been a terse award divorced from the shop floor proceedings in the matter. More
This matter was set down as an application for quantification of damages due to the applicant employee following a labor dispute pitting him and the respondent employer. More
This is an appeal against the sentences imposed on the appellant on a conviction for rape by the regional Magistrates Court siting at Murewa on 29 April 2019. Appellant was granted condonation by the High Court for the late noting of an appeal against sentence only. His application for condonation of his late noting an appeal against conviction was dismissed. More
The applicants allege that they are owners and occupants of the stands identified above. They claim to have bought such stands from one Martin Sibindi and Pilo Kauma or from people who had bought from these two. Martin Sibindi is alleged to have been the owner of the remainder of Lot 12 Tynwald, Harare and he worked with Pilo Kauma in disposing of these. After purchasing the stands, the applicants claim to have taken occupation and developed the stands into the homes which they currently occupy. Martin Sibindi who was slow in effecting developments to the stands was allegedly sued... More
1. This is an appeal against both conviction and sentence.
2. The appellant was convicted on a charge of theft of trust property as defined in section 113 (2) (a) of the Criminal Law ( Codification and Reform ) Act [ Chapter 9:23]
3. He was sentenced to 7 years imprisonment of which 1 year was suspended for 5 years on the usual conditions of good behaviour. A further two years imprisonment was suspended on condition the appellant paid restitution, to leave the effective custodial term as 4 years.
4. It was common cause that the appellant, a cashier in... More
