This is an application for condonation of late noting of an appeal by the applicant employee. The employer is opposed to the grant of the condonation relief. The employee’s case is that he erroneously filed for review which application was consequently dismissed. He says due to his self-acting status he wasted the dies inducia for noting an appeal pursuing the ill-fated review application. He contends that he has a merited case on appeal. His argument is that theemployer casualties his labour and later replaced him with another employee where he legitimately expected to have his contract of work continue. It... More
The appellant was convicted of corruptly concealing from a principal, a personal interest in a transaction as defined in s 173 (1)(a)(i) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (“the Code”). He was sentenced to 3 years imprisonment of which 2 years imprisonment was suspended on the usual conditions of good behaviour, to leave an effective sentence of 1 year imprisonment. He appealed against both conviction and sentence. More
The applicant approached the court on the 8th of January 2021 under the auspices of s 85 (1) (a) of the Constitution which permits any person acting in their own interest to approach a court alleging that fundamental rights have been violated. This approach was on an urgent basis. The application was against the Minister of Health as the first respondent and as the alleged primary violator of the rights complained about. The other respondents, namely, the Minister of Home Affairs, the Minister of Justice, Legal and Parliamentary Affairs, and, the Attorney General, were also cited but only in their... More
The appellant appeared before the magistrate sitting at Beitbridge, facing a charge of Criminal abuse of duty as a Public Officer as defined in s 174 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant was employed by the Zimbabwe Revenue Authority (ZIMRA) as a Loss Control Officer. He was jointly charged with a workmate who was employed as a Revenue supervisor. On the 23rd of December 2014,Beitbridge Boarder Post, a vehicle consisting of a horse and two trailers was duly cleared by ZIMRA officials in the normal course of business at the border post.... More
This is an application for condonation for late noting of appeal against conviction and sentence, extension of time within which to appeal and leave to prosecute the appeal in person More
MAKONESE J: On 19th January 2019, the country was rocked by demonstrations and protests under the code name “Shutdown Zimbabwe”. In Bulawayo, the second largest city, mobs of violent protesters went on a rampage burning motor vehicles, assaulting innocent civilians and causing massive destruction to property. A police officer, Ekson Maure was caught up in the melee, andwas assaulted by unknown persons. He sustained fatal injuries and later died. On 24 April 2021 the two applicants were arrested on murder allegations. They both deny the charge. Applicants are currently in remand at Khani Prison. Applicants apply for bail pending trial.... More
This is an application for leave to appeal judgment LC/H/223/20, a judgment of this court. The respondent hasraised two preliminary issues. These are:
(i) That the judgment was a default judgment and therefore not appealable andthat the proper course of action is to apply for rescission and
(ii) That the application should be heard by a judge in chambers and not in open court. It was argued on behalf of the respondent that the application or leave ought to have been done through a Chamber Book.
In support of his submission on when or before who an application for leave... More
