This is an application for direct access to the Court made in terms of s 167(5) of the Constitution as read with r 21 of the Constitutional Court Rules, 2016(“the Rules”).
[2] The applicants intend to approach the Court in terms of s 85(1) of the Constitution, seeking an order that the fundamental right of every person to form and join trade unions and employer-employee organisations of their choice and to participate in the lawful activities of those organisations, enshrined in s 65(2) of the Constitution of Zimbabwe, 2013, has been and is being infringed by employers in respect of... More
BHUNU JA: Before us is an appeal against the entire judgment of the High Court upholding the Respondent’s application for a declaration of validity of the parties’ contract of service coupled with an order for specific performance.
It is common knowledge that this country is facing a critical shortage of electricity, a vital necessity for the socio-economic wellbeing of the citizenry and the nation at large. The two parties whoturned contractual protagonists were entrusted with improving the availability of this scarce resource in Gwanda. They havehowever been embroiled in perpetual contractual disputes for the past five or so years without... More
In its objection before the Commissioner the respondent sought the setting aside of the Income Tax Act assessment’s made by the Commissioner. It also sought the setting aside of the penalties imposed by the appellant.
In its grounds of appeal in the court a quo the respondent departed from the relief that it sought before the Commissioner in its letter of objection. It rather sought to challenge the Commissioner’s Value Added Tax assessments for the period alluded to above and sought that the appeal be allowed and that the determination of the Commissioner dated 9 November 2018 be set aside... More
1. On 24 February 2017, the Labour Court granted, with no order as to costs, an application for review brought by the respondent against the appellant. It thereby set aside the decision of the appellant to dismiss the respondent whom it reinstated with no loss of salary and benefits with effect from the date of the dismissal. In the alternative and if reinstatement was untenable, it ordered that the appellant pays damages to the respondent More
This is an application for an order of leave for direct access to the Constitutional Court (“the Court”) in terms of s 167(5) 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”). In the event that such leave is granted, the applicant intends to bring an application before the Court in terms of s 85 of the Constitution seeking an order to the effect that the definition of a “marriage” provided in s 2 of the Matrimonial Causes Act [Chapter 5:13] (“the... More
This matter was set down as an application for leave to appeal to the Supreme Court. On the hearing date the applicant applied that the bar operating against it vis filing of Heads of Arguments be uplifted. Respondent objected to the upliftment of the bar and moved the court to rule that the applicant is barred for want of filing heads of argument on time. This judgment therefore concerns itself with the point in limine vis the upliftment of the bar only. More
The applicant is a universitas, being a church of Christian denomination. It is established in terms of the laws of Zimbabwe. On 8 July 2021, the applicant filed an urgent chamber application seeking relief primarily against the first and second respondents. The relief sought is set out in the draft provisional order accompanying the application and it reads as follows: More
