This is an application for bail pending trial. Applicant is facing a charge of unlawful possession of raw ivory in contravention of Section 82(1) of the Parks and Wildlife (General Regulations 362/1990) as read with section 128 (b) of the Parks and Wildlife Act(Chapter 20:14). The applicant denies the charges and avers that he is a proper candidate for bail. The State opposes this application.
Factual Background
The State alleges that on the 15th November 2021 at Mlibizi Turnoff, Binga, the applicant and his co-accused were found in possession of one piece of raw elephant tusk without a permit, after... More
The application before the court is one for a declaratur initiated under s85 (1) of the Constitution of Zimbabwe. The applicant challenges the constitutional validity of the Land Commission (Gazetted Land) (Disposal In Lieu of Compensation) Regulations, 2020 (S.I. 62 of 2020) (hereinafter referred to as the regulations). The regulations were promulgated by the first respondent on 13 March 2020 in terms of s 21 as read with s 17 of the Land Commission Act (the Act). The applicant argues that the regulations violate his right to agricultural land, his right to property, his right to administrative justice and the... More
The first respondent filed an urgent chamber application for a spoliation order in the High Court on 27 August 2021. The basis of the application was that the appellants had unlawfully deprived it of possession of part of a certain piece of land being Lot 4 Devuli Ranch (the land), by hiring thugs to violently and forcefully beat up the first respondent’s employees. It was the first respondent’s case that the land was initially owned by the appellant under Deed of Transfer 5251/92 but the land was compulsorily acquired by the State on 29 September 2005. More
This is an application in which applicant is seeking an order to compel first respondent to transfer to him an immovable property known as number 9 Clyde Road Famona Bulawayo. More
It has never ceased to amaze me how some of our citizens have developed this insatiable desire for litigation even in circumstances where clearly the odds are heavily stacked against them. This is one such a case and such conduct must be discouraged.
The facts which are common cause in this case can be summarised as follows: More
The applicant applies for a declaratur and mandamus orders. Its draft order reads as follows:
IT IS ORDERED THAT:
1. The first, second and third respondents’ failure to establish a public primary school in Tynwald South Township, Harare is hereby declared to violate the rights of children from low-income households in Tynwald South, specifically their rights to education, the best interests of the child, to dignity, to administrative justice, and to equality and non- discrimination, as protected in sections 75, 81, 68 and 56 of the Constitution.
2. The first respondent shall, with immediate effect, redirect the Beer Levy funds... More
