The applicant in this matter was appointed in 2008 as a commissioner of the 2nd respondent, the Securities Commission of Zimbabwe (the Commission), by the 1st respondent, the Minister of Finance (the Minister). She seeks an order setting aside the decision of the Minister taken in May 2011 terminating her tenure as commissioner. Both respondents resist the application on the ground that the applicant’s removal from office was lawful under the governing enactment. More
This is an appeal against the decision of the Disciplinary Hearing Committee which dismissed the Appellant following allegations of contravening the Public Service Regulations
1 /2000.
The facts of the case are as follows: Appellant was employed as a Depot Manager by the Respondent Ministry. At the time of the allegations founding the instant case, he was based at the Marondera Vehicle Inspection Depot. More
The plaintiff has apart from the fourth and fifth defendants, been involved in legal combat with all the other parties in HC 2765/05. In HC 4096/96 he brought an application for his reinstatement as a director in sixth defendant against sixth defendant. He was reinstated. The sixth defendant got its act together and dismissed him as a director on 24 September 1996. He brought another application seeking reinstatement in HC 4157/97. It was contested. BARTLETT J dismissed that application with costs on 17 September 1997. The founding affidavit that launched the present matter is a carbon copy of the application... More
This is an opposed urgent chamber application that had been filed exparte. I however directed that the application be served on the respondent who has now opposed the application. More
The appellant was charged with theft of trust property as defined in s 113(2) of the Criminal Law [Codification and Reform] Act, [Cap 9:23], (“the Code”). He was also charged with fraud as defined in s 136 (2) of the Code in the alternative. He pleaded not guilty to both the main and the alternative charge. After a trial, he was found not guilty on the main charge but was convicted on the alternative charge. He was sentenced to five years imprisonment of which one year was suspended on condition of good behaviour and a further two years were suspended... More
The dispute in casu has its genesis in matters of employment. It behoves me to give a brief chronology of what transpired that resulted in the applicant finding itself in the quagmire in which it now is. The parties were embroiled in a salary review dispute which culminated in an arbitral hearing before arbitrator C Sithole. On 15 December, 2010 the arbitrator made an award in favour of the applicant’s employees, awarding them an across the board increment backdated to September, 2008. The parties were given until 15 February, 2011 to agree on the mode of payment of the arrears... More
This is an application for registration of an arbitral award. The application is opposed on the basis that the Respondent appealed against the award to the Labour Court.
The papers before me show that the appeal in question was dismissed by the Labour Court on 8 July 2011 and there is no appeal pending at the moment. That is not to say it would have made any difference at all to the Respondent’s case because it has not argued that the operation of the arbitral award was suspended by any order of court. In terms of section 92E (2) of... More
