On 29 January 2016 the applicant signed a loan agreement with the 1st respondent to the tune of USD600,000.00 repayable in 36 months on agreed interest rates. The money was deposited into 2nd respondent’s account with CABS. The 3rd respondent signed as a surety and co-principal debtor. On 27 July 2016 the applicant extended another loan facility to the 1st respondent to the tune of USD300 000.00 payable in 6 months. The loans were paid through transfer at the same bank from the applicant’ s non-resident account. More
This is an application for bail pending appeal. When the application was argued the court delivered an ex-tempore judgment dismissing third and fourth applicants’ application and directing that first and second applicants consider pursuing their application before another judge appearing either in person or by counsel of each’s own choice. The direction to separate the hearing of first and second applicant’s application was occasioned by the midstream renunciation of agency by Mr Tsarwe who initially appeared representing all the applicants. The renunciation of agency midstream at the hearing was caused by a realization that there was a potential conflict of... More
The background to the matter is that applicant who was in the respondent’s employment as an Information Technology Officer was brought before a disciplinary committee to answer allegations of misconduct. At the commencement of the disciplinary proceedings he raised a point in limine that he had been charged using a wrong Code of Conduct. The hearing officer listened to submissions from both parties and ruled that the correct code had been used. Applicant was aggrieved by that and suggested that the hearing officer was biased and stated that she had to recuse herself from the matter. The hearing officer stated... More
This is an appeal against the decision of the Respondent’s Appeals Committee which upheld the determination of the Disciplinary Committee which found the Appellant guilty of misconduct culminating in his dismissal from employment.
The brief facts are that Appellant was employed by the Respondent as head responsible for Human Capital Administration. He was charged with misconduct in terms of Respondent’s Code of Conduct. He was brought before the Disciplinary Committee which found him guilty and recommended his dismissal. Appellant was dissatisfied and approached the Appeals Committee for relief. The Appeals Committee upheld two of the charges and found Appellant not... More
The applicant is a former employee of the 1st respondent. He was charged with various acts of misconduct leading to his dismissal on one of them after some of the charges were overturned in the internal appeal. 2nd to 4th respondents appear in their official capacities as office holders of the first respondent who played roles in the disciplinary process. The applicant was aggrieved by the process leading to his dismissal hence the present application. More
This is an appeal against the dismissal of the appellant from the employ of the respondent. Before the appeal could be heard, a preliminary issue was raised on behalf of the respondent. The preliminary issue was to the effect that the employer of the appellant was not cited. Mr Chitekuteku who appeared on behalf of the respondent submitted that the appellant ought to have cited the Minister of Primary and Secondary Education (the Minister) together with the Public Service Commission (PSC). The PSC, the submission continued, is the employer and not the Minister . Mr Chitekuteku argued that without the... More
