After hearing argument by the respective parties, I dismissed the application with costs on an attorney and client scale. I now give my reasons. On 20 January 2020, the applicant filed an urgent chamber application and submitted that, in 2002, he obtained rights to extract minerals in Mvuma through special grants SG 2854 and SG 2858. Before the expiry of the special grants in 2011, he wrote to the second respondent through the office of the Mining Commissioner, seeking their renewal. Thereafter, on 20 April 2018, the second respondent acknowledged receipt of the applicant’s letter, and indicated that applicant’s file... More
This is an appeal against the decision of the Hearing Officer finding the Appellant guilty of misconduct culminating in his dismissal from employment. The brief facts are that the Appellant was employed as the Acting Chief Executive Officer of Respondent. He also held the post of Head of Finance. This means that he held the two posts simultaneously. An audit was carried out following reports of misconduct. The audit report made certain recommendations amongst of which it was stated that Appellant had failed to discharge his duties both as Head of Finance and Acting Chief Executive Officer and the Board... More
The background to this application can be summarized as follows:
[3] The applicant was the respondent’s employee since 1993. In 2012 the applicant was dismissed from employment after being charged for being absent from duty without leave and fraud. A disciplinary hearing was conducted in September 2012 after which the applicant was dismissed from employment. More
This is an appeal against both conviction and sentence. It was triggered by the conviction of the appellants on a charge of theft as defined in s 113(1)(a)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and the sentence of 5 years imprisonment passed on each of them of which a total of 3 years imprisonment was suspended on the usual conditions of good behaviour and restitution to leave an effective sentence of 2 years imprisonment. More
This is an appeal against the judgment of the Magistrates Court in terms of which that court dismissed the appellant’s claim for an order confirming cancellation of the lease agreement between appellant and the respondents and for the ejectment of the respondent and all persons claiming occupation through them from the property described in the papers as Kalahari Breeze Stores, Bob’s Shopping Centre, Zhombe Road, Kwekwe. The appeal is opposed by the second respondent. More
The applicant’s discharge came about following an incident which occurred whilst he was performing his duties. The applicant was fixing a police vehicle when brake fluid spilt into his right eye. The damage caused could not be reversed resulting in the applicant losing sight in that eye. March 2015 and the applicant was found to be fit for full duty. Challenges experienced in the discharge of his duties led to a second board which was convened on 14th February 2019. The Medical Board noted that the applicant had right eye blindness with no light perception. He was experiencing pain and... More
The order sought follows a default judgment involving same parties which was issued under case number 4541/21. At the commencement of the application the respondents raised an objection in what they term dirty hands approach. They argued that the applicants are fugitives from justice and as such could not have audience with the court. Specifically that they are on warrants of arrests. Initially the applicants argued that the said warrants were dealt with and respondents were then supposed to offer proof to that effect, either in the form of a magistrates court record or otherwise. With the events unfolding it... More
