On the 21st September 2021 at Harare the Designated Agent (DA) of the NEC Banking Undertaking made a determination. He set aside the terminations of Respondents’ employment by Appellant. He further ordered Appellant to either reinstate the Respondents or alternatively pay them damages in lieu of reinstatement. Appellant then appealed to this Court in terms of Section 92D of the Labour ActChapter 28:01 hereafter called the Act. Respondents opposed the appeal. More
This is an application for the dismissal of an action made in terms of Rule 31 of the High Court Rules, 2021, Statutory Instrument 202 of 2021, (the Rules). Brighton Vimbainashe Shereni (Shereni) deposed to the founding affidavit. He is the applicant’s Recoveries Manager. More
The applicant filed a chamber application for condonation of the late noting of an appeal and leave to prosecute an appeal in person. I dismissed the application and rendered an ex tempore ruling. Applicant has requested for the reasons. These are they.
Applicant appeared before the Regional Court sitting at Rotten Row Magistrates Court facing two counts of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Applicant appeared together with three other co-accused persons. Applicant is reflected on the charge sheet as accused one. More
As will be illustrated, the manner in which this case was handled smacks of arbitrariness. On 10 May 2022 the applicant (for the purposes of clarity herein after referred to as “the accused”) appeared before the first respondent (hereinafter referred to as “the trial magistrate”) sitting at Chivhu on a charge of attempted rape as defined in s 65 of the Criminal Law (Codification and Reform Act) [Chapter 9:23] (The Code) as read with s 189 of the Code. More
On the 17th January, 2014 Appellant noted an appeal with this court against an arbitral award. The Arbitrator had held that Appellant was not constructively dismissed. The Respondent had not committed any unfair labour practice by transferring Appellant to another department. The Respondent had simply exercised its discretion. More
1. This is an application for bail pending appeal. Applicant and his co-accused were convicted after a full trial by the Regional Magistrate sitting at Bulawayo on the 21st January 2022, on one count of contravening section 45(1) (b) as read with section 128(b) of the Parks and Wildlife Act [Chapter 20:14], as amended in section 11 of the General Law Amendment 5/2011(possession of specially protected animal trophy – pangolin carcas). They were sentenced to the minimum mandatory imprisonment of nine years. Aggrieved by both conviction and sentence, applicant noted an appeal to this court. The appeal is pending under... More
1. This is a meritless application for leave to appeal out of time and to prosecute such appeal in person.
2. Having stolen two she goats, one heifer, one steer and one he goat the applicant pleaded guilty to, and was convicted of four counts of stock theft as defined in s 114(2)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
3. He was sentenced as follows:
Count one: 9 months imprisonment of which 3 months imprisonment was suspended for 5 years on the usual conditions of good behavior.
The remaining 9 months imprisonment was suspended on condition... More
