This is an application by a labour officer for confirmation of his ruling on a matter between the respondents. It is in terms of section 93 (5a) (a) and (b) of the Labour Act Chapter 28:01 (the Act). More
MABHIKWA J: The applicant issued summons against the 1st respondent out of the Magistrates’ Court at Kwekwe in case number KK 07/19. The now 1st respondent was the defendant whilst the now 2nd respondent was the trial magistrate in that case. The facts of that matter are not important in this judgment but briefly, they related to an alleged improper use of a hire truck belonging to the applicant. The 1st respondent, who was an employee of the applicant, allegedly misused the truck for hire for personal gain. The applicant demanded the value of the hire fees from him. 1st... More
This is an opposed application wherein applicant seeks the following relief:-
“IT IS HEREBY ORDERED
1. That applicant was on a contract without limit of time.
2. That the variation of the applicant’s contract of employment is null and void
3. That the fixed term contract be taken to never have existed and that the respondent reinstates the applicant to his employment as if the purported termination of contract never happened.
4. That there be no order of costs if application is not opposed.” More
By way of background to this chamber application it is common cause that the applicant was hired by the second applicant to transport second respondent’s goods from South Africa to Zimbabwe via the Beitbridge border post. Applicant is a company registered according to the laws of South Africa whose address of service is care of 28 Frank Johnson Avenue Eastlea Harare which is the address of its legal practitioners. It is the owner of a Nissan Diesel G300 truck Horse Registration No JB44KVGP with two trailers with the following registration details trailer 2 H2 49BPGP which truck second respondent hired... More
After hearing parties on 2 November 2021, we handed down our judgment on the appeal ex-tempore. Hereunder appears the judgment.
This is the unanimous decision of this Court. This is an appeal against the whole judgment of the High Court dated 9 December 2020 under HH 787/20, dismissing the appellant’s application for a declaratur that he had discharged the judgment debt under HC 2155/20 for the payment of duty in the sum of US$52 483.34 by the payment of an amount of RTGS 1 364 568.14. Aggrieved by the judgment of the court a quo, the appellant filed the present... More
DUBE-BANDA J: This is a bail application pending trial. Applicants are jointly charged with the crime of robbery, as defined in section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that: - on the 22nd May 2021, 1stapplicant and 3rd applicant phoned the complainant on the pretext that they had 200grams of gold which they intended to sell to the complainant. On meeting complaint, instead of producing the gold, 3rd applicant grabbed him from behind whilst 2nd applicant stabbed him thrice on the back. 1st applicant stood guard while 1st and 3rd applicant attacked... More
On the set down of this application for confirmation of a ruling in the matter between ItaiNyanhongo and Telone the employer defaulted court despite service. The default notwithstanding the court invited the labour officer’s representative and the employee representative to address it on whether the matter was not in breach of Isoquant vs Darikwa N.O CCZ 6/20. On account of the fact that the labour officer commenced conciliation proceedings and issued a certificate of no settlement and presided over the samematter to conclude on submissions made before him the impression created was that he had faulted Isoquant (Supra). The labour... More
