This is a chamber application for leave to appeal to the Constitutional Court, from a decision of the Supreme Court in terms of r 32(2) of the Constitutional Court Rules S.I. 61/2016. The rule provides that “a litigant who is aggrieved by the decision of a subordinate court on a constitutional matter can apply to the Constitutional Court for leave to appeal against such decision”. More
[1] This is an opposed chamber application for condonation of late noting of appeal and extension of time within which to note an appeal. The application is brought in terms of r 43 of the Supreme Court Rules 2018 pursuant to the applicant’s failure to file a proper notice of appeal within 15 days of the judgment intended to be appealed against in breach of r 37. More
The constitutional matter before the Constitutional Court (“the Court”) for determination is whether s 353 of the Criminal Procedure and Evidence Act [Chapter 9:07] (“the Act”) is constitutionally invalid. The section authorises the imposition of a sentence of moderate corporal punishment on a male person under the age of eighteen years who is convicted of any offence. The matter came to the Court by way of the procedure for confirmation of orders concerning the constitutional invalidity of any law or any conduct of the President or Parliament made by another court. More
The whole point of this review judgement is to once again stress the importance, in a contested criminal trial, of observing the peremptory provisions of section 200 of the Criminal Procedure and Evidence Act, [Chapter 9:07].
This section provides as follows: More
The plaintiff issued summons against the defendant claiming payment of the sum of USD42 284.00 and ZAR 40 000.00 which is the total of outstanding school fees benefits and performance bonuses for the years 2011 and 2012, interest on the sums at the rate of 5% per annum from date of summons to date of full payment, a 2008 Volvo S80 or the equivalent value of the car and costs of suit on a legal practitioner and client scale. More
The accused, a 17 year old boy appeared before a magistrate at Mphoengs charged with contravening section 70 of the Criminal Law (Codification and Reform) Act Chapter 09:23 in that during the period extending from January 2021 to September 2021 and at Makuzeze Village, Brian Tshuma unlawfully had extra-marital sexual intercourse several times with Divinity Ncube, a female juvenile aged 14 years More
The Plaintiffs issued summons on 18 May 2020 against the Defendant seeking an order:
1) Declaring that the Defendant is no longer the Archbishop of the first Plaintiff.
2) For the eviction of the Defendant and all those claiming occupation through him from The Acts of the Resurrection of Apostolic Faith in Zimbabwe (Kumuka Kweva Apostora Church), Shinje Business Centre, Guruve.
3) Interdicting the Defendant from using the Archbishop’s Regalia, the church vessels and utensils used for Passover (Holy Communion) and taking with him church assets and property such as chairs, roofing iron and asbestos sheets, water tanks, water pumps,... More
Accused faces a charge murder, it being alleged that on the 16th of November 2020, he assaulted the deceased Katarina Mupasi and thereby causing her death. Accused pleaded not guilty by reason of insanity. The state counsel accepted that plea and the parties drew a statement of agreed facts which was tendered and marked exhibit 1. The state counsel also tendered the post mortem report and the psychiatrist’s report as well as the alleged weapon which is a steel wheelbarrow handle which were all duly marked. More
The cause of action in casu is one of unjust enrichment and arises from the following facts: The defendant, who is an importer of goods for sale in Zimbabwe, depends on authorised dealers for the requisite foreign currency in his business. On 21 March 2001 the defendant instructed the plaintiff, an authorised dealer, to effect payment of ZAR372 062-80 to its supplier, namely Kimberley Clark of South Africa (Pty) Limited (Kimberley). The plaintiff, through a telegraphic transfer, effected the said payment on 4 April 2001. More
The applicant was born in Dominica in the West Indies in 1950.
He studied medicine in the United Kingdom ending up specialising as a physician.
During that time he met and fell in love with a Zimbabwean woman who was studying
nursing and midwifery at the same hospital he was attached to. The two married and
eventually established a home in Zimbabwe in 1982. In Zimbabwe, the applicant
obtained a permanent residence permit and has lived and practiced his profession in this
country since 1982. He applied for citizenship, which was not granted More
The applicant approached this court seeking a vindicatory order to recover possession and control of property called the Remainder of Umzari situate in the District of Lomagundi under Deed of Transfer 169/69 (hereinafter referred to as “the property”), alternatively applicant seeks for damages in the sum of US$6 900 000 (Six Million Nine Hundred Thousand United States Dollars). The applicant is the registered owner of the property which is 250.0353 hectares in extent and is claiming to vindicate the property. The respondent is a local authority currently in possession of the property which it subdivided into residential stands and sold... More
On 26 January 2007, in case No. HC 342/07, Hlatshwayo J inter alia ordered, by consent, the consolidation of Case No. 5883/06 and 7624/06.
THE PROVISIONAL ORDERS
CASE NO. 5883/06
On 15 September 2006, the applicants filed an urgent chamber application in which they sought certain relief. A provisional order was granted on 19 September 2006 by Hungwe J. More
The facts in this mater are that on 30 August 2008, the National Incomes and Pricing Commission (the Commission) issued, in The Herald, a schedule of school fees that it had fixed for the schools identified in that schedule. The schedule was accompanied by a statement by the 1st respondent that the flouting of the fixed fees would result in the prosecution of school heads and cashiers. Fearing the arrest of school heads and cashiers at the instance of the respondents, and the disruption of operations of schools as a result of the arrests, the applicant filed this urgent chamber... More
This is an application for rescission of default judgment brought in terms of Order 9 rule 63 of the High Court Rules 1971. The application is opposed. The relief sought is that: More
