On the set down date of the appeal by the appellant against the respondents appeals bodys decision in a labor dispute between appellant and her employer the employer took the point that the appeal was bad at law as it attacked the hearing officer’s decision and not the appeals officer’s decision. It is only this point which is addressed by this ruling. More
The appellant wasconvicted in the Magistrates Court sitting at Beitbridge of the offence of theft oftrust property as defined in section 113 of the Criminal Law (Codification and Reform) Act, [ Chapter 9:23] ("the Criminal code"). The nub of the charge was that the appellant received the sum of eight thousand United States dollars (US $8 000) from the complainant for the sole purpose of purchasing a motor vehicle (described in the charge as a Mercedes Benz Atego 815 truck) (‘the motor vehicle”) from the United Kingdom on behalf of the complainantwhich sum of money he (i.e. appellant) unlawfully converted... More
This is an appeal against magistrate’s refusal to grant bail in terms of s 121(1)(b) of the Criminal Procedure and Evidence Act [Chapter 9:07].
In appeals such as this one, an appellate court will only interfere with the magistrate’s decision only if the magistrate committed an irregularity or misdirection or if the magistrate exercised her discretion unreasonably or improperly to vitiate her discretion – S v Malunjwa 2003(1) ZLR 276(H) – AG vSiwela SC 20/17 More
The appellant appeared before Court a quo charged with Criminal abuse of duty as a pubic officer as defined in s 174 of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. The allegation is that the appellant, who is employed in the service of the State and stationed at Makombe Passport office as a Processing officer, corruptly released a passport to Pretty Choice Madekufamba at a time when the issuing of ordinary passports had been suspended. The passport was released through the facilitation of Nicholas Chogugudza, who allegedly hangs around at Makombe Building as a link between members of... More
This is an application for a Draft Ruling of 27th January by Labour Officer
P Mgazi. The draft ruling is couched as follows:
“In light of the above I make the following ruling.
The respondent is be and hereby ordered to reinstate the claimant without loss of salary and benefits.
The reinstatement is with effect from date of unlawful termination of contract.
I so determine.” More
The parties in this application as cited above are all duly incorporated and registered companies in terms of the laws of Zimbabwe. They carry out their business in Zimbabwe. From the nature of the dispute as revealed on the papers, the parties are running entities or have an interest in mining. The first respondent is however under a legal handicap in that it was placed under corporate rescue in terms of s 121 as read with ss 124 and 131 of the Insolvency Act, [Chapter 6:07] by the High Court at Mutare on 13 July, 2020. In consequence of the... More
The plaintiffcompany in this matter issued summons against the defendant company and prayed for the following:
(a) An order confirming the cancellation ofagreement of lease between plaintiff and defendant in terms of which plaintiff leased to defendant the premises located on a portion of stand 391 Bulawayo Township, also known as Warehouse, Haddon & Sly Complex, Bulawayo.
(b) An order for the ejectment forthwith of the defendant and all its subtenants, assignees, invitees, and all those claiming occupation through defendant from plaintiff’s premises.
(c) Payment in the sum of US$33 950,00 being arrear rent as at 31 August 2016, together... More
