: On 24 October 2003 the then Minister of Lands, Agriculture and Rural Resettlement, Honourable Dr J. M. Made (MP) issued an offer letter to the appellant for Subdivision 11 of Coldstream Farm, in Makoni District of Manicaland Province measuring 53 hectares in extent. Attached to the offer letter were conditions generally applying to the offer of land under the Zimbabwe Land Reform and Resettlement programme (Phase 11, Model A2 Scheme).
On 25 September 2008 appellant and respondent entered into a swap agreement where the appellant swapped Subdivision 11 of Cold Stream Headlands. It is not clear as to the... More
The appellants have noted an appeal to this court against the whole judgment of the Magistrates’ Court sitting at Bulawayo on 2 October 2017.
The grounds of appeal are essentially these:
(a) The learned magistrate in the court a quo erred in dismissing the application for rescission of judgment.
(b) The learned magistrate erred in failing to appreciate that the default judgment was entered erroneously. More
The appellant appeared before a magistrate sitting at Kwekwe facing one count of contravening section 15 (1) (c) of the Criminal Law (Codification and Reform) Act (Chapter 9:23), cultivating dagga. He was arrested for cultivating 10 plants of dagga which were 30 cm long. Appellant was convicted on his own plea of guilty and sentenced to 12 months imprisonment of which 6 months were suspended for 5 years on the usual conditions of future good conduct. The appellant had an effective term of 6 months imprisonment. More
1. This is an application for condonation and extension of time within which to note an appeal against the decision of the High Court in terms of s 43 (1) of the Supreme Court Rules, 2018. The application is opposed. More
On 9 January 2008 the respondent engaged the appellant as an Operations Contract Manager in terms of a written agreement. The agreement provided that the appellant would be an area manager responsible for Ngezi North. The preamble to this agreement read as follows:
Sandvik Mining and Construction Zimbabwe have entered into an agreement with various mines to provide maintenance service contracts. Under the terms of these contracts, Sandvik Mining and Construction Zimbabwe has agreed to make human resources available to these Mines, in order to maintain their equipment. More
The applicant approached the Constitutional Court (“the Court”) in terms of r 32(2) of the Constitutional Court Rules, 2016 (“the Rules”) seeking leave to appeal against an order of the Supreme Court (“the court a quo”) which was couched as follows:
“WHEREUPON, after reading documents filed of record,
IT IS ORDERED THAT:
The appeal having been withdrawn, the appeal be and is hereby dismissed with no order as to costs.” (emphasis added) More
The application was filed in terms of section 4 of the Administrative Justice Act (Chapter 10:28). The 1st respondent is an administrative authority with powers exercised in terms of the Mines and Minerals Act (Chapter 21:05.).The order sought by the applicant is in the following terms:
“It is ordered that
1. 1st respondent’s letter dated 25 April 2019 and its directions therein, be and is hereby revoked, for failure to comply with proper Administrative Justice.
2. There be no order as to costs.”
It will be noted that the application did not seek any substantive relief against the respondents, save... More
