Appellant was in respondent’s employ and on the 10th October, 2018 was dismissed after having been found guilty of acts of misconduct in terms of the Public Service Regulations Statutory Instrument 1 of 2000. More
On 10 June 2020 we dismissed the appellant’s appeal in respect of sentence after hearing arguments from counsel. We gave our detailed reasons ex tempore.
On 15 June 2020 I received a letter from appellants counsel dated 12 June, 2020 in which a request for written reasons for dismissing the appeal was made. I now provide the reasons hereunder; More
This is a ruling on preliminary points taken before me by the 1st Respondent which points were opposed by the 2nd Respondent. It is however necessary to set out initially the background to the matter.
FACTUAL BACKGROUND
The 2nd Respondent was employed by the 1st Respondent as a driver. He was engaged on the basis of fixed term contract which later was converted to an open ended contract. His employment was terminated at the end of 2017. He thereafter, on the basis of Section 63 (3a) of the Labour Act [Cap 28:01] referred a claim of unfair dismissal, non-payment of... More
This is an application for confirmation of the draft order by Designated Agent Gara that was handed down on the 29th of May 2019.The brief facts are that the 2nd Respondent was employed by the 1st Respondent. The 2nd Respondent approached the NEC with the issues of non-payment of wages, under-payment of wages, vacation leave and notice pay. The 2nd Respondent was awarded $2 079-75 being underpayment of wages. Non-payment of wages, vacation leave and notice pay. More
On 19 October 2017 respondent issued summons against the appellant praying for the eviction of the appellant and all those acting through him from Machapuya Village, Chipangara Township, Chikore, Chipinge. He also claimed holding over damages of $200-00 per month from the date of summons to date of eviction, he also wanted the court to grant him vacant possession of the Machapuya Village and costs. Respondent brought the action against the appellant in his personal capacity as the executor of the estate late Luke Zemutsa and Julia Mwero Kudhlande who died in 2010. Respondent was appointed executor of the estate... More
This is an appeal against the decision of the 1st respondent’s Disciplinary Authority.
In its notice of response to the appeal, 1st respondent raised and persisted with a preliminary point to the effect that 1st respondentwas improperly cited. The Minister and not the Ministry should have been cited as required under Section 3 of the State Liabilities Act [Chapter 8:14]. By citing the Ministry, appellant made a fundamental error which cannot be remedied. The Ministry is too broad which makes it impossible to be sued, so argued the respondent. More
On the 14th October 2018 the Zimbabwe Football Association (ZIFA) Southern Region Soccer League elections were held at Bulawayo. The applicant stood against 3rd respondent for the position of chairman of the Southern Soccer Region. In a tightly contested election, the applicant lost the contest. 3rd respondent was duly elected and took over the position. Aggrieved by the outcome, the applicant noted an appeal with the 1st and 2nd respondents. Before noting the appeal and on 29th October 2018 the applicant addressed a letter to the ZIFA Electoral Committee in the following terms: More
