The facts of this matter are well set out in the judgment of my sister MUREMBA J in case number HH 269/17.
It is therefore unnecessary for me to repeat the same facts. I must point out, however, that MUREMBA J did not decide this same application on the merits. Instead, she dismissed the application on the procedural ground that the relief should have been sought through an application for review, rather than a court application for a declaratory order.
On appeal, the judgment in case number HH 269/17 was set aside in its entirety. The Supreme Court remitted the... More
The applicant has been in the business of providing internet services since 1997. It is suing the first respondent (POTRAZ) as a body corporate and authority responsible for the licensing and regulation of telecommunication service providers in terms of s 30 of the Postal and Telecommunications Act [Chapter 12:05]. More
The appellant appeals against conviction and sentence. He was convicted after a trial on three (3) counts of stock theft and failure to comply with conditions of his firearm certificate in contravention of s114 (2) (a) of the Criminal Law [Codification and Reform] Act (Chapter 9:23) and the Firearms Act (Chapter 10:09) respectively. More
The brief facts of the matter are as follows. The applicant dismissed the respondent from its employ following a hearing conducted by the Regional Hearing Committee. In terms of the applicable Code the National Hearing Committee has the power to vary a decision from its lower tribunal. The National Hearing Committee exercised its discretion and varied the dismissal to a Final Written Warning. This aggrieved the applicant and it appealed to this Court on the basis that the National Hearing Committee misdirected itself by varying the sentence and that it ought not to have interfered. This Court dismissed the appeal... More
The appellant appeals to this Court against the determination made by its appellate body. In brief the respondent was dismissed by the Regional Hearing Committee following disciplinary proceedings. In terms of the applicable Code the National Hearing Committee (NHC) varied the dismissal penalty to a Final Written Warning. This aggrieved the appellant hence this appeal. More
This is an appeal against the decision of the National Hearing Committee (“N.H.C”) which set aside the dismissal penalty which had been meted out on the respondent by the Regional Hearing Committee (“R.H.C”). More
The respondent was employed by the applicant as Head Administration: As part of his employment benefits he was allocated a motor vehicle for his duties namely a Toyota Hilux registration number ABD 8617 (the vehicle). On 3 June 2011, the applicant terminated the respondent’s contract of employment following disciplinary proceedings in terms of the National Code of Conduct. When the respondent was on suspension he was allowed to use the vehicle. The respondent challenged the dismissal by noting an appeal to the Labour Relations Office. The matter is still pending. The applicant then instituted the present proceedings seeking to recover... More
The appellant employed the respondent as a technical adviser.
The appellant charged the respondent with acts of misconduct, found him guilty and dismissed him.
The respondent appealed to the National hearing committee which reversed the decision to find him guilty and to dismiss him.
The appellant was aggrieved and it noted this appeal to this court.
The facts which lead to the dispute between the parties are that the appellant instructed the respondent through its client Services Chinhoyi on 10 September 2014 to put his home phone on incoming services only because it had accumulated a lot of arrears due... More
On March 2008 the plaintiff and the defendant entered into a lease agreement. The plaintiff leased to the defendant 584 square metres of the 1st floor of Runhare House, Harare. The plaintiff and Communications and Allied Industries Pension Fund are owners of stand number 14940 Salisbury Township, which houses the leased premises (ie 584 square metres of the 1st floor of Runhare House, Harare.) Initially the defendant was paying rent in Zimbabwe dollars. The position changed in February 2009 when a multi-currency regime was ushered in by Government. More
The Respondent was employed by the appellant. He was nominated to go and attend a presentation or workshop. On his way to the workshop his motor vehicle broke down. He failed to communicate his predicament to his employers because he did not have a mobile cell phone. He was rescued at about 1800 hours. More
The appellant, in casu, appeals against the decision of the National hearing committee which found that the disciplinary proceedings against the respondent were irregular and therefore null and void. The facts of the matter are that the respondent was facing allegations of sexual harassment arising from unwelcome sexually determined behaviors that he had exhibited towards some female employees of the appellant. More
The applicant is a duly elected Member of Parliament for the Norton Constituency. On 24 June 2020, during an ordinary sitting of the National Assembly over which the Speaker of Parliament was presiding, he was removed from Parliament and suspended for six consecutive sittings for allegedly behaving in a violent and grossly disorderly manner. The expulsion and suspension were ordered by the Speaker of Parliament, (“the Speaker”). More
