This is an appeal against the respondent’s decision in which it dismissed the appellant from its employ. The appellant was dismissed for:
“Theft or failure to take reasonable care or making improper or unauthorised use of state property or the property of any statutory body, statutory fund or local authority including motor vehicles or the failure to take adequate steps to ensure that reasonable care is taken of any such property or failure to report at the earliest opportunity any loss thereof or damage thereto.” More
The facts of this matter are largely common cause. They are as follows:
All the eight appellants are former employees of the respondent. They were dismissed following disciplinary proceedings. The facts pertaining to the charges and evidence are similar hence their respective appeals have been consolidated into one record. Indeed, the respective heads of argument from both sides are the same with respect to each and every one of them. Each one of the appellants was charged with a violation of provisions of the Collective Bargaining Agreement: Mining Industry (Code of Conduct) Statutory Instrument 165/1992. More
1. This is an application for bail pending appeal against conviction and sentence. The applicant was arraigned before the Regional Magistrates’ Court for the Western Division sitting at Bulawayo. He was charged with two counts.
2. In count 1 he was charged with the crime of attempted murder as defined in section 189 as read with section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on the 18th November 2021 he unlawfully attempted to cause the death of the complainant by punching him with a fist once on the left cheek, hitting him... More
Possession of 6,5kg of dagga invariably attracts a sentence in the range of 36 months imprisonment with a portion suspended on the usual conditions where the accused is a first offender. In this case the appellant admitted possession of the dagga. He produced a paper trail of documents that showed that he was taking the dagga to South Africa to an identified company for testing and research. This was not disproved by the State. Where an accused presents the reason for possession, it is incumbent upon the trial Court to take that explanation into consideration in sentencing the accused. In... More
On the 4th November 2021 at Harare, S. Nehohwa, in her capacity as a Designated Agent (DA) made a determination. She ordered appellant (employer) to pay respondent (employee) various amounts of money in respect of the salaries and benefits of the unexpired portion of the parties’ employment contract which had been “unlawfully” terminated. More
This is an appeal against an arbitral award.
The appellant is the respondent’s former employer. The respondent was initially employed on a contract without limit of time on 2 May 2012 as an infant teacher. It appears that sometime in January 2013, the respondent attempted to vary that contract to a three months fixed term contract. The respondent queried this in writing. More
The appellant was legally represented at the hearing of his appeal on 15 June 2023 against the judgement of the magistrates court, sitting at Harare on 14 November 2022 per Machingura Magistrate Esquire. The appeal succeeded albeit the success came by when the court exercised its review powers as provided in s 26 of the High Court Act [Chapter 7:06]. By letter dated 10 August 2023 the appellant requests for a “ruling” under case number CIV ‘A’ 403/22. More
On 3 July 2017, we dismissed the appellants’ appeal against both conviction and sentence. We gave ex tempore reasons for our decision. The appellants have requested written reasons More
BHUNU JA: The appellant was convicted by the Harare Regional Magistrates Court of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 18 years’ imprisonment of which 6 years were suspended for a period of 5 years on appropriate conditions of good behaviour.
Aggrieved by both conviction and sentence, he appealed to the High Court (the court a quo) against both conviction and sentence without success. He now appeals against the whole judgment of the court a quo to this Court for relief. More
Applicant applied for damages for loss of employment in the total sum of US$43,656.00 inclusive of back-pay and benefits. Respondent opposed the application but offered damages in the sum of US$11,575.00. The application was premised upon an order of this Court. The order compelled Respondent to either reinstate Applicant’s employment or pay him damages in lieu of reinstatement. Apparently reinstatement was ruled out leaving assessment of damages as the outstanding issue. More
The plaintiff was involved in an accident abode a Toyota Hiace registration number ACE 1025 on 25 September 2011. The motor vehicle was being driven by the first defendant who is the owner of the said motor vehicle. More
On 2 June 2020, the current two applicants were arraigned for murder where the state alleged that on 25 December 2018 and at Constance, Chitungwiza, Nyahukwe Road, Rusape, the accused each or one of them unlawfully caused the death of Carlington Rateiwa by assaulting him with fists and stabbing him with a water glass on the neck, intending to kill him or realising that there was a real risk or possibility that their conduct might cause death and continued to engage in that conduct, despite the risk or possibility resulting in injuries from which the said Carlington died. More
This is an opposed application for review of the proceedings of the disciplinary committee against the applicant. The applicant is an employee of the respondent. He is employed as a Provincial Magistrate. He was charged of contravening the Judicial Service Regulations 2015, as read with the criminal law (Codification andReform) Act, Chapter 9:23. He was also charged in the alternative of contravening the same Judicial Service Regulations as read with the Magistrates Code of Ethics of 2019. He was convicted of the main charge and consequently found not guilty of the alternative charge. A penalty of discharge way imposed. More
This is an application for bail pending trial by the applicant who was placed on remand on allegations of robbery it being alleged that he and 4 of his accomplices fully dressed in army uniform robbed the 80 year old female complainant at her Kadoma residence whose house they pretended to be searching for weapons of war pursuant to a search warrant they allegedly produced. Applicant and his accomplices disarmed complainant’s guard of a firearm (revolver) which they immediately used to threaten the complainant and members of her household into submission and tied them and locked them into a toilet... More
This is an appeal against a decision of the respondent dismissing the appellant’s appeal against the decision of the disciplinary committee. The appellant was the acting accountant at Karoi District Hospital. He was charged with failing to take reasonable care of or making improper or unauthorised use of public money. While working in the accounts department, he was accused of withdrawing money from the Health Service Fund without returning it. He was found guilty and fined two months’ salary which would be recovered in four instalments by the Salary Service Bureau. He was also transferred to the Administration Department with... More
