This is an appeal against the determination of the respondent’s Chief Executive Officer (CEO) dated 22 November 2019, in terms of which the appellant was dismissed from employment.
The brief facts of the matter are that the appellant was employed by the respondent as a driver. He was charged with misconduct in terms of the Collective Bargaining Agreement: National Employment Council for the Transport Operating Industry, Statutory Instrument 26 of 2017. More
TAKUVA J: This is an application for a declarateur against the respondent. Applicant seeks an order declaring that the respondent’s deduction of her health allowanceextended to her by the Ministry of Health and Child Care is illegal and unlawful. Further applicant seeks an ancillary order for the payment of all monies that have been deducted by the respondent to date. More
DUBE-BANDA J:This is an application for bail pending appeal. The applicants, including one other individual who is not part of these proceedings, were arraigned before the court of the Magistrate on a charge of theft as defined in section 113 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. After a contested trial, the three were found guilty as charged. First applicant was sentenced to forty months imprisonment, six months suspended on the usual conditions and a further twelve suspended on condition of restitution. He remained with an effective prison term of twenty-two months. Second applicant was... More
This is an opposed application for condonation for late filing of an application for rescission of judgment. The application is in terms of Rule 32 of the Labour Court Rules, 2017.
The facts of the case are that on the 7th of November 2019, the parties appeared in court on an application for review. More
The applicant applied for bail pending appeal. I dismissed the application on 23 November 2020. The applicant has requested for a fully dressed judgment and this is it. The applicant together with his co-accused were charged with and convicted on three counts as follows –
Count 1 related to a contravention of s 45(1)(b) as read with s 45(2) of the Parks and Wildlife Act, [Chapter 20:14]” Possession or sale of specially protected animal.” The details of the charge were that on 25 October 2019 and at Chikura Village, Chief Chundu, Karoi. the applicant and his co-accused were found in... More
Litigants are discouraged from taking advantage of the court’s intention to develop the jurisprudence of the law of review of proceedings of inferior courts and tribunals by making every effort to sneak onto the roll of urgent matters applications which do not meet the requirements of urgency. A fortiori when they, for some unspecified reasons, refrain from filing their urgent applications in terms of the law which relates to applications of the mentioned nature. They should not, in other words, read a case and, without applying their mind to it, entertain the view that the circumstances of that case, the... More
On 21 October, 2019 at around 17:30 hours, the applicant was driving a public service vehicle, a Toyota Hiace registration number ABJ 4962 along Simon Mazorodze road, on the outer lane of the road. When he reached Mbare Police District Headquarters, the accused person knocked down the deceased, a 6 year old boy who was crossing the road from west to east. The deceased died soon after the impact. The State charged the applicant with culpable homicide and alleged that the applicant was negligent in one or more of the following particulars of negligence More
