The facts of this case are common cause. The applicant was employed by the respondent as a laboratory technician quality control analyst in Bulawayo. In July 2015, the respondent introduced an incentive scheme in terms of which employees were to be paid a monetary incentive twice a year, in July and December. The respondent made it clear in its scheme that the incentives were non-contractual and non-obligatory. The respondent intended to motivate its employees in the performance of their duties. One of the conditions of the incentive scheme was that it was not payable to employees with misconduct records or... More
On 19 April 2023, the applicant sought condonation for failure to file an application for leave to appeal within the prescribed period and for leave to appeal. The first part of the application is in terms of r 43 (3) of the Supreme Court Rules, 2018. The other part is made in terms of r 60 (2) as read with r 43 (7) of the said Supreme Court Rules and s 92F (3) of the Labour Act [Chapter 28:01] (the Act). It is contested by his former employer, National Foods Limited (the first respondent). More
This is an application for leave to appeal from a judgment of the Labor Court. The court a quo found no merit in the application for leave to appeal and dismissed it, on the main that the draft notice of appeal did not raise questions of law. The applicant was dissatisfied with the judgment of the court a quo and filed an application for leave in terms of r 60 of the Supreme Court Rules, 2018. More
This is an application for condonation and extension of time within which to note a review application in terms of r 13 of the Supreme Court Rules, 2018 More
This is a court application filed in terms of r 449 of the High Court Rules, 1971 in which the applicant seeks an order rescinding the order granted by this court on 27 November 2019. In terms of the Supreme Court Rules, 2018 the High Court Rules apply whenever there is a lacuna in the Rules of this Court. The application is opposed by the respondent. More
The bulkiness of this application gives the impression that the matter before me is complicated and involved yet it is a straight-forward application in which the applicant applies for relief as set out in the draft order as follows:
“IT IS ORDERED THAT:
1. The first respondent’s decision made on the 13th of October, 2021 in dismissing the application for a postponement and ordering the hearing to proceed in the absence of applicant’s legal practitioners be and is hereby set aside.
2. The proceedings in State v Tendai Laxton BitiCRB HreP 11362/20 pending first (sic) before first respondent be and... More
The applicants approached this Court seeking that its late filing and setting down of the applicant’s exception be condoned and that the applicants be given leave to set down their exception within 10 days from the date of this judgment. The respondent a self-actor opposed the application but is not in attendance despite service of the notice of set down at his chosen address. Nonetheless, the court has decided to determine the matter on merits and the applicants’ legal practitioner made submissions and urged the court to exercise its discretion and grant the order sought. More
An urgent chamber application was placed before me on 10 November 2017, following statements by the then President, Robert Mugabe, at a funeral that government would resume executions of death row prisoners since it was concluding the process of appointing a hangman More
The applicant is the Minister of Finance in the Ministry of Finance. On the other hand the first to third respondents are members of the Zimbabwe Republic Police engaged in criminal investigations concerning cell phone lines 0772 568 807, 0774 346 082 and 0778 437 880 which have to do with the applicant’s calls.
The first respondent is the investigating officer whereas the second respondent is the Officer Commanding, Criminal Investigations (CID). The third respondent is the Commissioner General responsible for all police operations in Zimbabwe.
The fourth respondent is a company in the business of mobile telephone communication services... More
After what can only be described as being both an eventful but arduous journey through the courts, applicant is now petitioning this Court for an order declaring that s 5 (2) of the State Liabilities Act [Chapter 8:14] is unconstitutional. Section 5 (2) of that Act provides that State Property is immune from attachment and execution, and that in circumstances where the State finds itself to be a judgment debtor, any amount owed by it should be paid out from the Consolidated Revenue Fund. Applicant contends that whilst s 5 (2) remains valid, it is unjustly impeding him from realising... More
This is a chamberapplication made in terms of s 92F (3) of the Labour Act [Chapter 28:01] (the Labour Act) “as read with r 60 (2) and r 61”of the Supreme Court Rules, 2018’ (the Rules). The applicant seeks condonation and extension of time within which to seek leave to appeal against the whole decision of the Labour Court. More
This is an application for leave for direct access to the Constitutional Court filed in terms of s 167 (5) of the Constitution of Zimbabwe, 2013 as read with r 21 (2) of the Constitutional Court Rules, 2016. The Supreme Court allowed an appeal by the respondent against a judgment issued in favour of the applicant by the Labour Court. If granted leave, the applicant intends to bring an application in the main alleging that the Supreme Court had acted unlawfully in setting down the appeal in the manner it did and thus violated the Constitution. More
This application is a two in one. It is an opposed application for the review of taxation of a bill of costs by the second respondent made in terms of r 56 (2) of the Supreme Court Rules, 2018 (“the Rules”). In opposing the application, the first respondent also filed a counter-application seeking a review of the same taxation and a removal of certain items of the bill allowed by the second respondent. More
This mater came before me as an urgent chamber application. The applicant seeks to interdict the respondents from disposing of an immovable property at the centre of this dispute. The property is 64 Daniel Street Mbare, Harare (the property). The four applicants and second respondent are all grandchildren of the late Thamary Motokari (deceased) whose estate was registered under DR 1071/19 More
