The trial of the accused commenced on 9 November, 2016 and the state case was only closed on 27 June 2019. The reason for this long delay has been the unavailability of a key state witness Dr.SanganaiPesenai. The state indicated that Dr SanganaiPesenai was unwell and could not travel to Masvingo from Bulawayo. He only availed himself on 27 June, 2019 after which the state case was closed. An application for the discharge of the accused was then made on the same day. Due to this prolonged delay we proceeded to give an extempore ruling on the application on the... More
The tragic events in this matter are rather saddening.
The 29 year old accused who hails from Matya Village, Chief Murinye, Masvingo tragically caused the death of his 69 year old father on 12th June, 2019.
Initially the accused was charged of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. However the state and the accused’s pro deo counsel found each other and agreed that the proper charge is contravening section 49 of the Criminal Law (Codification and Reform) Act [Cap 9:23] which relates to culpable homicide. The matter therefore proceeded on... More
The accused is charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) Chapter 9:23. It is alleged that on the 20th January 2020 at Tshongokwe Business Centre, Chief Mabhikwa, Jotsholo, the accused unlawfully struck Themba Ndlovu (deceased) once on the head and once on the face with an axe intending to kill him or realising that there was a real risk and possibility that his conduct may cause his death but continued to engage in that conduct despite the risk or possibility. The accused denies the allegations and raises the defence... More
A raft of measures meant to comply with the World Health Organisation (WHO) guidelines on the prevention containment and treatment of Coronavirus disease commonly known as COVID19 prompted the Minister of Health and Child Care and indeed the Government of Zimbabwe to make an order for National lockdown under Statutory Instrument 83 of 2020 on 28 March with effective date of operation 30 March 2020. The order among other important provisions provides that the supply of water and electricity services are critical and essential services. The virus is real and indeed a menace as evidenced by reports of the numbers... More
This is an application for review in terms of Section 89(i)(di) and 92 EE(i) of the Labour Act [Cap 28:01] as amended by the Labour(Amendment) Act 5 of 2015 and as also read with rule 20(I) of the Labour Court rules, 2017.
IN LIMINE
The Applicant through his heads of argument took a point in limine that the Respondents were improperly before the court and were technically barred. It was Applicant contention that in terms of Rule 20(2) of the Labour Court Rules 2017, a Notice of Response to an application for review has to be filed within ten days... More
This is an appeal against the whole judgment of the High Court sitting at Harare upholding the appellant’s conviction and sentence by the Regional Court on a charge of rape. More
This is an application for quantification of damages after this court’s order of 8 February 2019 in which this court ordered that the applicant be reinstated to his former position or that he be paid damages in lieu of reinstatement. More
