The appellants and 2 others appeared before a Magistrate sitting at Hwange Magistrate’s Court. They were charged with the crime of contravening section 82 (1) of Statutory Instrument 362/90 as read with section 128 (b) of the Parks and Wildlife Act (Chapter 20:14) as amended in section 11 of the General Laws Amendment Act Number 5 of 2011 “Unlawful Possession of Ivory”. More
The applicant approached the court seeking for eviction of the respondents, its former employees. The respondents opposed the application on the basis that the applicant had not fulfilled a condition precedent to the eviction in terms of the law in particular SI 116/2014. The respondents argued that their terminal benefits were still outstanding. More
This judgement has been necessitated by the decision I made with the concurrence of MAFUSIRE J in the appeal case of Tatenda Mhango and 2 ors vs The State HMA 33/19. In that criminal appeal judgement we upheld the appeal in respect of the mandatory minimum9-year jail term on the basis that a pangolin was not a specially protected animal for purposes of section 128 of the Parks and Wildlife Act[Chapter 20:14]. This was contrary to other earlier decisions we and other judges had made in previous cases dealing with accused persons convicted for pangolin related offences. More
The facts of this matter are largely common cause. They are as follows:
All the eight appellants are former employees of the respondent. They were dismissed following disciplinary proceedings. The facts pertaining to the charges and evidence are similar hence their respective appeals have been consolidated into one record. Indeed, the respective heads of argument from both sides are the same with respect to each and every one of them. Each one of the appellants was charged with a violation of provisions of the Collective Bargaining Agreement: Mining Industry (Code of Conduct) Statutory Instrument 165/1992. More
On 2 June 2020, the current two applicants were arraigned for murder where the state alleged that on 25 December 2018 and at Constance, Chitungwiza, Nyahukwe Road, Rusape, the accused each or one of them unlawfully caused the death of Carlington Rateiwa by assaulting him with fists and stabbing him with a water glass on the neck, intending to kill him or realising that there was a real risk or possibility that their conduct might cause death and continued to engage in that conduct, despite the risk or possibility resulting in injuries from which the said Carlington died. More
This is an application for leave to appeal against the decision of this Court that was handed down on 5 June 2020. This Court dismissed the applicant’s appeal against the decision of the appeals officer to dismiss him from work for engaging in fraud and or theft in the course of his employment.
The applicant’s grounds for this application are that
(i) This court did not canvass the essential elements oftheft or fraud.
(ii) There are prospects of success as there was circumstantial evidence.
The Respondent in responseargued that the essential elements of theft/fraud had been proved through the evidence... More
