This is an appeal against sentence only.
Proceedings a quo
The appellants and one other were, on 31 May 2006, convicted of one count of robbery and six counts of rape.
Each was sentenced to 12 years imprisonment in respect of the robbery charge and to 10 years imprisonment on each of the six counts of rape. The court ordered that the sentence on the first three counts of rape was to run concurrently with the sentence imposed on the last three counts of that offence. The sentence concluded with these words:
“Of the total 72 years imprisonment, 12 years... More
This is an appeal against the decision of the Respondent’s Appeals Committee which upheld the Disciplinary Committee’s decision to dismiss the Appellant following allegations of contravening the Respondent’s Code of Conduct. More
This was an appeal against the decision of the Regional Magistrate’s Court, Masvingo, dismissing the appellant’s application for bail pending appeal.
The appellant, a 65 year old male, was charged with indecent assault and rape. The allegations on indecent assault were that he had, without her consent, fondled the complainant’s breasts, fondled her private parts and had got her to stroke his erect penis. On rape, the allegation was that the appellant had had vaginal intercourse with the complainant without her consent. More
This is an urgent chamber application in terms of which first applicant seeks the following relief per provisional order:-
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 respondents and all those acting through them be and are hereby barred from implementing second and third respondents’ decision of the 23rd of May 2017 against the applicants and accessing the applicants’ mining area pending the finalization of the review application filed by applicants under case no. HC 5172/17. More
MAVANGIRA J: The appellant was charged with two counts of attempted murder. He pleaded not guilty before the Acting Regional Magistrate at Harare but was convicted after a trial. In relation to the first count the allegation against the appellant was that he “attempted to cause the death of Constable Chimhungwe, Constable Chawapiwa, Tewende, Sergeant Maragedze and Sergeant Zhuwawo by intentionally driving straight towards them, realising that such action could cause the death of Constable Chimhungwe, Constable Chawapiwa, Tewende, Sergeant Maragedze and Sergeant Zhuwawo” (sic). In relation to the second count the allegation was that he attempted to cause the... More
The applicants were on 15 September, 2016 convicted on their own plea of guilty by the Regional magistrate sitting at Kadoma on a charge of assault and another of attempted murder as defined respectively in ss 89 and 47 (1) (b) as read with (1) (a) of the Criminal Law Codification Reform Act, [Chapter 9:23]. On the first count they were each sentenced to pay a fine of $100.00 in default 3 months. On the second count, they were each sentenced to 10 years imprisonment with 2 years suspended for 5 years on condition that they did not commit a... More
This is an application in terms of Order 40 r 348A (5a) for the postponement or suspension of a sale in execution of the applicant’s dwelling house at Stand 446 Strathaven Township 2 of Strathaven A held under Deed of Transfer 319/2005. The application is opposed by the first respondent. An opposing affidavit originally filed on behalf of the first respondent on 29 November 2017 was withdrawn because it had been signed by a person other than the first respondent herself. It is not explained how a Commissioner of Oaths commissioned that affidavit. That affidavit was withdrawn and a fresh... More
The plaintiff in this matter has issued Summons for payment of the sum of EUR 6,640,295.94 together with interest and costs of suit. The claim arises pursuant to a default judgment of the Regional Court of Frankfurt entered in favour of Kreditanstalt fur Wiederaufbau (KFW) as against the defendant on 25 July 2006. More
Applicant filed an application in this Court for the review of his dismissal from employment by Respondent. The Respondent opposed the application. More
The applicants approached this court by urgent chamber application filed on 18 June 2018 seeking urgent interim relief in the form of a temporary interdict couched as follows: More
DUBE-BANDA J: This is an appeal against the entire judgment of the magistrate’s court sitting at Tredgold Bulawayo, dated 18 September 2019. The court a quo ordered appellants to pay respondent, jointly and severally, the one paying the other to be absolved, the sum of US$ 53 969.85; interest at the prescribed rate calculated from the date of summons to the date of final payment; and costs of suit on a legal practitioner and client scale. Appellant was aggrieved by the judgment and noted an appeal in this court. In the main, the appeal is about whether the court a... More
1. This is an application for bail pending trial. The applicant is charged with the crime of murder as defined in section 47 (1) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on the 3rd November 2022 at around 2300 hours at Msotsha Bar, Nkankezi Business Centre, Filabusi the accused acting in common purpose with an accomplice still at large caused the death of Benito Dube (deceased). It is alleged further that the applicant stabbed the deceased with an Okapi knife, once on the back, once on the left side of the stomach, and... More
This is an urgent chamber application for a spoliation order. The applicant seeks restoration of what it claims has been its peaceful and undisturbed occupation and use of a certain piece of land, being 40 hectares of Buckland Estate, which is a subdivision of 280 hectares of Buckland Estate, situated in the District of Goromonzi. More
The facts of this matter are common cause. There is in existence a Collective Bargaining Agreement governing the timber sector of the agricultural industry, Statutory Instrument 55 of 2013. (CBA). The CBA provides, inter alia, for a minimum wage of US$150.00.
The parties engaged in wage negotiations in which the respondent initially sought for an increase of the minimum wage from US$150.00 to US$180.00. It eventually backed down to the gazetted minimum wage. Its position was that this should be maintained at US$150.00 as agreed in the CBA. More
