This is an application for direct access to the Constitutional Court (“the Court”) made in terms of s 167(5)(a) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”), as read with r 21(2) of the Constitutional Court Rules S.I. 61/2016 (“the Rules”). The allegation is that the conduct of the Supreme Court violated the applicant`s fundamental rights as enshrined in s 56(1) of the Constitution. More
This is an opposed application for the removal of 1st respondent as the executor (Executrix Dative) in the estate of the late Grace Bellodi under DRB 283/17. More
MABHIKWA J: On 17 July 2020, the applicant sought confirmation of a Provisional Order granted by this Honourable Court on 24 July 2019. Only the 1st and 3rd respondents opposed the confirmation of the said Provisional Order. This court confirmed the Provisional order into a final order and below are the court’s reasons for the confirmation.
In his application, the applicant had contended that sometime in 2009, he purchased some mining claims from the now late Cosmas Matare. The mining claims are located on Loith Hill Farm in Zhombe. They are known as Maligreen 34 Mine. He proceeded to register... More
1st to 16th applicants are all employees of the 1st respondent and they all subscribe to the 17th applicant, a trade union duly registered in terms of the Labour Act (Chapter 28:01) (The Act). In this application they seek the following relief:
“1. The application for a declaration of rights be and is hereby granted.
2. The Collective Bargaining Agreement National Employment Council for the Cement & Lime & Allied Industry, 2004, be and is hereby declared to be lawful and binding on the 1st and 2nd respondents.
3. The variation of the contracts of employment of 1st to 16th... More
On the 9thJanuary 2020 Respondent’s Chief Executive Officer reversed their Disciplinary Committee’s determination. In place therefore he ruled that Appellant be demoted from the position of Quality Assurance Officer to the position of Handling Supervisor. Appellant then appealed to this court against the decision of the CEO. Respondent cross appealed the CEO’s decision. In due course the matter was set down for hearing.
At the onset of oral argument Appellant raised a point in limine . He argued that there was no proper Response to his appeal. Rule 19 (2) of this Court’s Rules
incorporated as S.I. 150/17 requires that... More
This is an application for condonation for late noting of an appeal and an application for rescission. In his draft order the applicant has prayed for condonation only. I will therefore deal with an application for condonation. More
The appellant was employed by the respondent as its Operations Director. He was also, for a period, appointed as the organisation’s Acting Managing Director. He was dismissed from the respondent’s employ following disciplinary proceedings for acts of misconduct which happened during the period that he was Acting Managing Director. He was charged with three counts for violating section 4 (a) of the Labour (National Employment Code of Conduct), Regulations Statutory Instrument 15 of 2006 (S.I. 15/06), that is
“any act of conduct or omission inconsistent with the fulfilment of the express or implied conditions of his or her contract;” More
