The applicants herein applied for bail pending trial following their arrest on a charge of contravening section 82 (1) of Statutory Instrument 362/1990 as read with section 128(1) (b) of the Parks and Wildlife Act. The charge criminalises the “unlawful possession of unmarked raw ivory”. The applicants were arrested on 31 March 2021, and appeared at Harare Magistrates Court on 1 April 2021. Because of the nature of the offence which attracts a minimum mandatory sentence of nine years unless special circumstances exist, the applicants were advised to apply for bail at the High Court. The Magistrates Court has no... More
MAKONI JA: This is an opposed application for leave to appeal made in terms of s 44 of the High Court Act [Chapter 7:06] as read with r20 (1) of the Supreme Court Rules, 2018.
The applicant was convicted of rape and sentenced to an effective 10 years imprisonment by the Harare Regional Court on 11 July 2016. His appeal against conviction and sentence was dismissed by the High Court on 29 May 2019. He sought leave to appeal to this Court, against the dismissal of his appeal, before the High court which leave was declined on 10 December 2020... More
This is an appealagainst the whole judgment of the High Court dated 20 January 2020, dismissing an application to strike down s58 of the Income Tax Act [Chapter 23:06] for violating the right to equal protection of the law and the right to administrative justice as provided by ss 56 and 68 of the Constitution of Zimbabwe, 2013. More
This judgment is in respect of two matters, HC 2128/21 and HC 2166/21. The two matters were heard together because the substance of their complaints is the same. Both matters were brought by way of application. HC 2128/21 was instituted as an urgent court application while HC 2166/21 was brought as an urgent chamber application. Both applications are opposed by some of the respondents. Opposing papers, answering affidavits and heads of argument were filed following a case management meeting with the parties’ representatives at which the dates for filing the papers were set by consent. More
This is a unanimous decision of the court. The applicant filed an urgent court application which was allocated to us on the 14th of June 2021. After perusing it, we set it down for hearing today at 2pm for the purpose of doing case management.
An hour before the hearing we were served with a notice of withdrawal of the application with a tender for wasted costs.
The respondents’ lawyers appeared for the hearing. However, the applicant’s lawyers did not appear even after we had directed them to appear through the Registrar’s office. The Registrar informed us that they said... More
The applicant filed an urgent court application seeking an order for the committal to prison of the first respondent, Luke Malaba for contempt of court. This was in view of a declarator issued by the High Court on the 15th of May 2021 which he is said to have violated. More
This is an application for quantification of damages for loss of employment. The application arises from a judgment handed down by MAXWELL J on 2 December 2016, the operative part of which reads, in paragraph 4, as follows:
“Respondent be and is hereby ordered to reinstate Appellant without loss of salary and benefit. If reinstatement is not an option, Respondent is to pay damages in lieu of reinstatement the quantum of which is to be agreed upon between the parties. If the parties fail to agree on the quantum either party can approach the Court for quantification.” More
