When the Registrar sought directions to enable compliance with the order it dawned to me that the order I had issued was erroneously sought and granted. That erroneously issued order is incapable of enforcement as it has no legal basis for its issuance. The Registrar could thus not enforce it. Upon realising the error I communicated with the Applicant’s Counsel pointing out that the order issued had to be revoked in terms of order 49 rule 449 of the High Court Rules, 1971. Rule 449, deals with correction, variation and rescission of judgments and it states:
“1. The court or... More
On 11 October 2019 the appellant was convicted of contravening s 53 (2) of the Road Traffic Act [Chapter 13:11] for reckless driving and was sentenced to 2 years imprisonment, in addition he was prohibited from driving commuter omnibuses or heavy vehicles for the rest of his life in term of s 54 (4) (a) (b), further appellant’s licence was cancelled. More
This is an appeal again the decision of the Magistrate Court denying the two appellants bail pending trial. The appeal is brought in terms of s 121(1)(b) of the Criminal Procedure and Evidence, Act [Chapter 9:07] as read with Rule 6(1) of the High Court (Bail) Rules, 1971. More
This is an urgent application for stay of execution. The matter is opposed. The order sought in the Draft Order is in the following terms:
“INTERIM RELIEF GRANTED
1. Pending the return date, 2nd respondent be and is hereby interdicted from disposing of applicant’s assets taken in execution of the judgment debt in HC 196/19 by sale or otherwise.
TERMS OF THE FINAL ORDER SOUGHT
1. That it be declared that the debt owed by the applicant to 1st respondent denominated in United States Dollars being USD384 177 (as represented by the acknowledgment of debt signed by the applicant on... More
Applicant was in the employ of the Respondent as a baker. During the course of this employment he was charged with misconduct. As can be gleaned from the ‘Charge Sheet’, Applicant was charged with ‘Absenteeism’ in terms of Group IV Offences, Section 1 of the Code of Conduct ‘Absence from work for seven (7) or more working days without reasonable excuse’. It was alleged that he had not reported for duty during the period extending from 10 October 2019 to 20 October 2019. A letter suspending the Applicant from duty without salary and benefits was issued by Respondent on 21... More
The appellant was tried and convicted by a Provincial Magistrate sitting at Bulawayo on a charge of theft as defined in section 113 of the Criminal Law Codification and Reform Act (Chapter 9:23). The appellant denied the charge but following a full trial she was convicted and sentenced to 36 months imprisonment.
Aggrieved and dissatisfied with both conviction and sentence she noted an appeal in this court.
Factual background
On the night of 10th September 2018 complainant met the appellant at Red Café Night Club along Robert Mugabe Way and Corner 11th Avenue in Bulawayo. Complainant made sexual advances towards... More
