The applicants are facing eleven counts of robbery as defined in section 126 (1) (a) of the Criminal Law Codification and Reform Act (Chapter 9:23), one count of money laundering in violation of section 8 (1) (a) (b) of the Money Laundering and Proceeds Crime Act (Chapter 9:24) and one count of contravening section 4 of the Firearms Act (Chapter 10:09). Applicants deny any involvement in the commission of the offences. They claim that they have been wrongly implicated in these charges. More
The appellant was employed by the Respondent as a diamond cleaner, the Respondent being a diamond miner. The Respondent charged the Appellant with the misconduct of wilful disobedience to a lawful order given by the employer. The order was an order to capture diamond stocks into a system called SAP. The appellant had assisted in the development of the system about a year earlier but was not a user of it. When asked to do the task he responded to say that he required a refresher course. His superior responded to say that he should put that request in writing.... More
After hearing this opposed matter, I rendered an ex tempore judgment and dismissed the application. Applicant has requested for reasons for judgment. These are they:
Applicant sought an order in the following terms:
“1. The application for unlawful detention be and hereby granted and applicant be released conditionally or unconditionally (sic).
2. The applicant be and is hereby granted leave to prosecute the application in person.
3. There shall be no order as to costs.” More
The applicant is the father and natural guardian of two boys, Tendayi [or Tendai] Chinyama, turning 19 years in June this year, and Jayden Chinyama, turning 10 in November. In January 2017 the applicant had the boys enrolled at the second respondent school. It is a private school. The first respondent is employed by the school as Legal Officer. The third respondent is the Minister of Primary and Secondary Education. It has not been explained why he has been cited in these proceedings. More
The appellant appeared before the magistrate court sitting at Mbare charged with Culpable Homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in that he unlawfully piloted a boat negligently thereby causing a fatal accident which killed Balisto Joel Sengeredo. The accident involved the boat driven by the appellant and another piloted by Norman Cholela. The particulars of negligence are that the appellant had driven a boat at a speed which was excessive in the circumstances or that he failed to stop or act reasonably when an accident or collision seemed imminent or... More
Charles Chirozvi and Nickson Mareya were jointly charged with Tinashe Chinhango before the Provincial Magistrate sitting at Mutare facing Robbery as defined in s 126 (1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. It was alleged that on 29 November 2018 at Chikanga 2 Mutare, near sports field accused took property that is a G-tel A728xP2 model cell phone and cash $2-00 from Bokang Mukwena by forcefully pushing him to the ground and hitting him with a stone on the forehead and kicking him on the ribs several times intending to induce Bokang Mukwena to relinquish his... More
The facts appear in applicant’s founding affidavit. Applicant occupied a piece of communal land in Chibvembe Village, Chief Katerere in Nyanga in 2004. He established a homestead, cattle pens and temporary structures. He is not an illegal miner nor an illegal occupier. However his homestead is surrounded by mining claims, Chisero Mining Syndicate is located at a distance of 500m from his homestead. The record shows a history of court cases brought against the applicant however among all those papers is no extant order against the applicant.
On 8 February 2022 a group of police details, members of the army... More
On 22 January 2020 we dismissed the appeal in this matter after hearing counsel and indicated that our reasons would follow; these are they.
On 15 July 2019 the appellant was convicted and sentenced to 10 years imprisonment for contravening s 89 (4) (b) of the Post and Telecommunication Act [Chapter 12:05], it being alleged that on 6 December 2018 and near PG Safety Glass Workshop, along Vhumba Road, Mutare, appellant without lawful cause cut and stole 20:06 kilogrammes of underground telecommunications line belonging to or used by a communication licence holder, secondly appellant was also convicted and sentenced to... More
This appeal is totally devoid of merit. Appellant appealed to this court not based on any evidence but on emotions. The appeal is an example of abuse of court process. I dismissed the appeal on the date of the hearing. These are my reasons. The facts of this case are that Appellant initially joined Respondent on 1 November 1987 as an Accountant at Cresta Jameson. On 25 January Appellant entered into a Contract of employment with Cresta Marakanelo (Pvt) limited where he was employed as a Financial Controller, Best Western Thapama Hotel. The contract was for a year from 1... More
This is a simple application for the registration of an arbitral award in terms of
section 98 (14) of the Labour Act [Chapter 28:01]. The applicant was employed by Respondent as
General Manager – Transport Division and following a decision by the Labour Court dated 1st
April 2011, an arbitrary award was made in favour of the applicant. More
This is a chamber application for the registration of an arbitral award in terms of section 98 (14) of the Labour Act [Chapter 28:01] as read with r 241 of the High Court Rules 1971. The facts are that on the 13th February 2017 an arbitral award in favour of the applicant was handed down by the Honourable Arbitrator Brighton Mudiwa sitting at Harare. The Arbitral award granted the applicant US$ 17 559. 54 being arrear salaries but did not quantify the damages to be paid. On the 11th October 2017 the damages were quantified in the sum of US$10... More
The dispute in this matter is whether the now deceased died from violence arising from domestic violence or that she took her own life for reasons not very clear as a result of domestic dispute. More
This is an appeal against the decision of the Chief Executive Officer of the respondent to confirm the decision of the disciplinary hearing committee. Appellant was working as an international truck driver. He was driving a tanker truck ferrying fuel from Mozambique and/or South Africa to Zambia and/or the Democratic Republic of Kongo. On 3 occasions appellant delivered product that was less than what was loaded. Appellant was charged with gross negligence; loss of product. More
The applicants were convicted of theft of Trust property as defined in s 113 (2) (d) of the Criminal Law (Codification and Reform) Act [Cap 9:23] as read with s 277 (3) of the code. After a protracted trial in the Regional magistrate court they were duly convicted and sentenced for the offence. During trial there were 3 accused that is including the company in which the two applicants are directors. Upon sentencing the first accused that is the company for the obvious reason that it is a legal persona was sentenced to pay a fine or in default a... More
