On 29 September 2016 the applicant appeared in the Magistrates Court sitting at Mutare facing a charge of unlawfully possessing a specially protected animal, namely a pangolin in contravention of s 45 (1) (b) as read with s 128 of the General Laws Amendment Act (GN 148/2011) of the Parks and Wildlife Act [Chapter 20:14]. In short, the applicant in the company of 4 accomplices had approached a police officer who was disguised as a potential buyer with the intention of selling two live pangolins. The applicant was actually carrying one of the pangolins. They got arrested. The applicant pleaded... More
The applicant seeks a declaratur that;
1) The Water (Permits) Amendment Regulations, 2015 (No. 5) published under Statutory Instrument 52/2015 on 24 April 2015 by the third respondent is ultra vires the Water Act [Chapter 20:24] and is accordingly invalid and of no force and effect. More
The applicant, a former constable in the Zimbabwe Republic Police, was charged with and convicted of contravening paragraph 11 of the Schedule to the Police Act as read with sections 29 and 34 of the same. He was sentenced to 14 days imprisonment and was subsequently discharged from the police service. More
The applicants filed an application for a declaratory order whose draft reads as follows-
“Whereupon after reading documents filed of record and hearing counsel;
It Is Ordered That
1. The 1st and 2nd Respondents’ failure to furnish the Applicants with reasons for their decisions is unlawful and wrongful.
2. The Applicants’ discharge from the Police service is accordingly set aside.
3. The Respondents are ordered to reinstate the Applicants into the Police service forthwith.
4. The Respondents are ordered to pay costs of suit on a punitive scale More
I heard this application on 26 September, 2017. I delivered an ex tempore judgment in which I granted the applicant’s prayer.
The respondents wrote to the registrar of this court on 24 November 2017. They did so through their legal practitioners of record. They requested for reasons for my decision. These are they: More
This is an application for a declaration that the first and second respondents’
failure to furnish the applicant with reasons for their decision is unlawful and wrongful. The
applicant also seeks to setting aside of his discharge from the Zimbabwe Republic Police, and
for an order that he be reinstated to his employment as a police officer, together with costs of
suit on the higher scale. The application is opposed by the respondents More
