The above six matters raise the same issue. The matters came before me and other judges of this court as individual chamber applications for registration in terms of section 98 (14) of the Labour Act [Chapter 28:01] of certain arbitral awards in favour of each applicant. For the purposes of arguing the legal point of practice and procedure arising, I set down all for hearing all the chamber applications in terms of rule 246 (1)(b) of the High Court Rules, 1972. For convenience, I combined the hearings of the chamber applications. I also received separately, submissions form Messrs Dlakama and... More
This is an application in terms of s 236(4) of the High Court Rules, 1971 for the dismissal of an application for setting aside a Will for want of prosecution. More
This is an application for leave to appeal against a decision of the Labour Court, handed down on 27 October 2014 dismissing with costs, an appeal to that court against a decision of the respondent dismissing the appellant from employment. Leave to appeal was denied by the Labour Court on the premise that the intended appeal had no prospects of success. More
This is an appeal against the refusal of bail by the court a quo.
The appellant appeared before the Magistrates Court facing one count of robbery as defined in s126 of the Criminal Law (Codification and Reform) Act, Chapter 9:23 and one count of attempted murder. More
The respondent in casu argued that the application is improperly before the Court because there is no resolution filed by the applicant authorizing the deponent to the founding affidavit to file the affidavit on behalf of the applicant company. More
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
