This is an urgent chamber application for an order interdicting the first and second respondents from occupying, excavating, drilling, removing, transporting, processing, or exporting about five million tonnes of iron ore fines stockpile situate at Mkwakwe Railway Siding in the Buchwa area of the Midlands Province. The applicant also asks that the third respondent be barred from issuing any export permit in respect of the said iron ore. The applicant claims ownership of the iron ore in question. More
Applicant employee approached this court on 3 review grounds namely
1. Improper constitution of disciplinary Committee
2.1 Grossly irregular disciplinary proceedings based on fact that done after matter
referred to a labour officer per Sec 101(6) of the labour Act.
2.2 Denial of legal representation
3) Grossly unreasonable findings without evidence.
The Chairperson of the disciplinary Committee was sued in his official capacity so on the date of the review hearing only the employee and the employer appeared to argue the matter. The employer took points in limine vis grounds 2.1, 2.2, and 3 saying that these were not review... More
The appellant was convicted, after contest, of contravening s 113 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code). It had been alleged that on 24 July 2018 and at the corner of Visage and Princess Park, Pretoria, South Africa, the appellant stole a motor vehicle, a Chevrolet Trailblazer, belonging to one Lazarus Chitsungo. He was sentenced to 6 years imprisonment of which 8 months were suspended on condition of future good behaviour. Aggrieved by the conviction and sentence he appealed against both. More
The applicant applied for bail pending trial before FOROMA J on 26 June, 2020. The application was dismissed on 24 July, 2020. The reasons for judgment are contained in judgment HH 486/20. That judgment sets out the background to the case. I will however briefly refresh on the background so that this judgement is understood in context. It is also noted that there is a further background to the application which FOROMA J did not deal with but is relevant to the bail applications. More
On 15 February 2021 the Provincial Mining Director for Manicaland, acting on behalf of the Secretary for Mines and Mining Development indicated to cancellation of applicant’s certificates of registrations under G5383; G5384; G5386 and G5387 within 30 days after the receipt of the letter. The basis of the cancellations was that applicant had pegged and lodged its applications for registration on an area which was no longer open to pegging and prospecting since the area had already been pegged prior by respondent. Respondent had lodged its applications on 5 February 2019 and certificates issued. Applicant lodged its papers on 24... More
I have before me an application for review filed by the applicant on 25 August 2020 in terms of Rules 26 and 27 of the old High Court Rules 1971. Although four grounds were listed by the applicant in its application, on a proper examination, three grounds are discernible.The applicant alleged that there was a gross procedural irregularity surrounding the decision to cancel the applicant’s registration certificate, as it was not afforded the opportunity to be heard. It was further alleged that the 2nd respondent’s decision was irrational as no reasons were given as required by section 68 of the... More
