This is a chamber application for an order for direct access to the Constitutional Court (“the Court”) made in terms of r 21(2) of the Constitutional Court Rules SI 61/2016 (“the Rules”). More
Applicant seeks by way of a declaratur the following relief:
“1. The dismissal of applicant from the Zimbabwe Republic Police on the 9th of December 2013 be and is hereby declared unlawful.”
The facts
The applicant was a constable in the Zimbabwe Republic Police (ZRP). Following allegations of contravening section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Rape), a criminal docket was opened against him. The matter was subsequently referred to the Regional Court for prosecution. Meanwhile the ZRP proceeded to charge the applicant in terms of the Police Disciplinary Code for contravening paragraph 35 of... More
On 27 November 2019 we dismissed this appeal in its entirety and indicated that our reasons for dismissal would follow, these are they.
On 10 April 2019, the appellant appeared on charges of contravening s 131 (1) (a) as read with s 131 (2) (e) of the Criminal Code for unlawful entry into premises in aggravating circumstances, he was convicted after a full trial and sentenced to 36 months imprisonment with 6 months imprisonment being suspended for 5 years on the usual conditions of future good behaviour, a further 12 months were further suspended on conditions of restitution. When the... More
This is an application for absolution from the instance at the close of plaintiff”s case.
On the 4th of February 2012 the parties entered into a written agreement in terms of which the defendant allocated to the plaintiff undeveloped land in Hwange, sufficient to accommodate a township with 2 000 low cost residential stands. The plaintiff was to fully service the land by surveying, constructing roads, providing sewer reticulation and water connection in a manner approved by the defendant. It was a term of the agreement that defendant would sell the residential stands at such price and on such terms... More
This is an application for leave to execute a judgment of this honourable court pending the Hearing of an appeal before the Supreme Court.
Brief background facts
The parties initially appeared for an arbitration process before an arbitrator of their choice, Honourable P. Ncube. The arbitral award was issued on 13 December 2017 following a dispute over some joint venture agreement between the parties. The arbitral award directed the respondent to pay to the applicant, the sum of $5 507 980,00 compensation due and payable in terms of clause 3 of the parties’ joint venture agreement entered into on 17... More
This is an appeal against refusal of bail pending trial by a magistrate. The appeal is made in terms of sections 121 (b) and 121 (2) (b) of the Criminal Procedure and Evidence Act (Chapter 9:07) (the Act).
The facts
The Appellant, a self confessed cross border transporter who has been frequenting South Africa for the past ten (10) years was charged with contravening section 60A (3) (a) (b) of the Electricity Act (Chapter 13:19). The section states,
“Any person who without lawful cause, the proof whereof shall lie on him or her, receives or takes into possession of any... More
