This is an appeal against conviction and sentence. On 30 November 2006 the appellant was convicted of two counts of rape. These were allegedly committed on 26 July 2004 on two girls aged 4 and 8 years, respectively. He was sentenced to 10 years on each count. Of the total of 20 years imprisonment, 5 years were suspended for 5 years on conditions of future good conduct. More
The applicant is charged with two counts of rape in terms of s 65 of the Criminal Law (Codification and Reform) Act [Cap 9:23].
On 13 July 2010 the applicant appeared before my brother HLATSHWAYO J seeking bail pending trial. His application was duly dismissed in view of the following factors: More
This matter was referred to me for determination on the record as provided by the provisions of section (2)(a)(i) of the Labour Act [Chapter 28:01]. More
On 3 September 2018, I heard this matter and delivered an ex tempore judgment removing the matter from the urgent roll and also ordering the applicant to pay the respondents’ costs. I have now been asked for the written reasons and these are they.
The first respondent is Automotive and Allied Workers Union of Zimbabwe a registered motor industry trade union. The second respondent is Martin Chaora (N.O.), the First Vice President of the first respondent. The third respondent is Winas Murambidza(N.O.), the National General Secretary of the first respondent. The fourth respondent is Tonderai Chikoti, the Secretary for the... More
When this matter was called Mr Bhatasara, counsel for the appellant, applied to amend the grounds of appeal. Mr Mutasa, who appeared for the respondent, was not averse to the application. The matter was stood down to allow counsel to confer on the proposed amendments. When the matter resumed the parties indicated that they had agreed on the amendments. The grounds were as a consequence amended by consent. More
Following charges of misconduct preferred against the respondent, the hearing officer appointed by the appellant found him guilty of five counts of conduct inconsistent with the fulfilment of the express or implied conditions of his employment contract. Consequent upon that finding, the disciplinary authority imposed the ultimate penalty of dismissal. More
The material background facts to the matter are as follows;
The Respondent operates a business that falls into three different National Employment Councils that is Commercial, Baking Industry and Meat Processing. It is common cause these sectors have their working conditions governed by their different National Employment Councils (NEC). Between June and August 2009 the Respondent awarded increases on a sliding scale of between 5% and 20% to its employees falling under the commercial sector. The other employees from the Baking and Meat Processing Industry were however excluded. More
The Respondent was employed by the Appellant as a watchman on the 11th of February 2011. She was engaged on the basis of 3 monthly fixed term contracts which were renewed continuously until the 27th of August 2014. Upon expiry of the last fixed term contract Appellant did not renew the contract. Aggrieved by the non- renewal Respondent approached a Labour Officer alleging an unfair dismissal More
This is an appeal against the decision of the National Employment Council for the Commercial Sectors Negotiating Committee hereinafter referred to as the NEC. The NEC had reinstated the Respondent to her original position with full pay and benefits from the date of her dismissal .The reinstatement irked the Appellant Company and resulted in the instant appeal. More
This is an appeal against the decision of the Provincial Magistrate sitting at Harare Magistrates Court on the 30th of July 2009. The learned magistrate granted an order terminating the lease agreement between the parties and requiring the appellant to vacate the leased premises, failing which the appellant would be evicted by the Messenger of Court. More
On 23 March 2010 the applicant filed an urgent application in this court for a provisional order meant to entitle it to the following relief:
“Terms of Final Order Sought
That you show cause to this Honourable Court why a final order should not be made in the following terms:-
1. The first respondent be and is hereby ordered to give the premises know as Stand 24A Chadcombe, Harare to the applicant, unless and until the Supreme Court orders otherwise.
2. The first respondent be and is hereby ordered to pay costs of suit on a Legal Practitioner and Client... More
This is an urgent chamber application for an interdict in which the following order is sought (as amended);
“TERMS OF FINAL ORDER SOUGHT”
That you show cause to this Honourable Court if any, why a final order should not be made in the following terms:
1. The urgent application for an interdict pending the hearing of case number HC 4433/21 be and is hereby granted.
2. Respondent pays costs of suit on higher scale More
This is an appeal against the whole judgment of the High Court handed down on 17 July 2017 in which the court registered an arbitral award in favour of the respondents. More
On 23 September 2020 we invited the parties to address the Court on a point in limine that arose after judgment was reserved in this matter. The point in limine is whether the High Court, in the exercise of its powers to issue a declaratur, could properly issue one in a purely labour matter in the light of s 2A(3) of the Labour Act [Chapter 26:01] “the Labour Act,” which provides that the Labour Act shall prevail over any other enactment inconsistent with it, as read also with s 89(6), which provides for the exclusive jurisdiction of the Labour Court... More
