This matter was placed before me as an urgent chamber application. The applicant seeks the following order.
TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms;
1. The two cases, case no. HC 7459/18 and HC 752/17 shall be consolidated and tried together as one action.
2. Costs of this application shall be determined in the application for consolidation case no. HC 6659/20.
INTERIM ORDER GRANTED
Pending the confirmation or discharge of this order or resolution of the dispute between the parties, applicant is... More
DUBE-BANDA J: This is an urgent application. This application was lodged in this court on 24th July 2021. It was placed before me and I directed that it be served on the respondents together with a notice of set down for 30th July 2021. The application is opposed by the 1strespondent. 3rdrespondent appeared in person, not to oppose the application, but to explain reasons behind certain decisions that he made which have a bearing on this matter. Applicant seeks an order couched in the following terms: More
This is an appeal against the respondent’s appeals officers’ decision to find the appellant guilty and to dismiss him.The appellant was employed by the respondent as a driver. He was a member of the workers’ committee. He was charged with acts of misconduct it being alleged that he had contravened section 15.9.1. failure to fulfill the expressed or implied conditions of the contract of employment or any breach of the employment contract. More
An exception and a special plea fall under the genus “Alternatives to pleading to the merits; forms”. Whilst the stated matter is the case, the two are not the same. They are markedly different from each other.
Herbestein & Van Winsen articulate the difference which exists between a special plea and an exception. They do so in The Civil Practice of the Supreme Courts of South Africa, 5th ed Volume 1 pp 599-600. More
DUBE-BANDA J:This is an application for bail pending trial. Applicant is being charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. The allegations from which the charge of murder arises are set out in the Police Form 242, a Request for Remand Form, which states that: on the 16 January 2021, applicant in the company of three accomplices, who are at large, assaulted one Remember Moyo (deceased), with a metal object resulting in him collapsing. He was further assaulted with axes and a metal object. Nomalanga Sibanda (companion),... More
21 September, 2020 was the return date for consideration of the provisional order which the court entered for the applicant on 10 June, 2015. I considered the application on the mentioned date following submissions which the parties made in regard to their respective cases. I confirmed the provisional order as I was moved to do by the applicant. More
This is an appeal by the employer (appellant) against a decision in favour of the respondent.
The brief facts are that the respondent was suspended from employment on 29 October 2012. She was thereafter charged with an act of misconduct and was found guilty. The disciplinary committee recommended after hearing the matter that the respondent be given a final written warning. The employer ordered that she be dismissed. More
