On 11 August 2023 applicants filed their answering affidavit and heads of argument. It is noted that on 3 August 2023 first respondent filed the first notice of opposition, the opposing affidavit of which does not have a date endorsed on by the commissioner of oaths. Contrary to what was agreed and ordered on 4 August 2023, by 17 August 2023 first respondent had not filed anything. It was only after follow ups were made that a supplementary notice of opposition was availed. Strangely the notice of opposition (supplementary) availed is dated 2 August 2023 and the opposing affidavit whose... More
On the 28th of November 2022 the applicant was invited for a disciplinary hearing .He was alleged to have violated Part VI Group 4 of the National Employment Council for the Commercial Sector Employment Code of Conduct and Grievance Procedures (NECCS)( the code). He appeared for the hearing on 7th December 2022 before Designated Officer, one Ndingindi (Ndingindi). On 21st December 2022 Ndingindi made findings and convicted the applicant and penalized the applicant with dismissal. On the 23rd of December 2022 Ndingindi wrote the applicant withdrawing his letter of the 21st of December .On that same date the 23rd of... More
This court has no choice but to rely on the evidence of the plaintiff, who was a party to the agreement, he told the court how he occupied the property being the subject matter of this dispute. He told the court how he paid for the property and produced bank deposit receipts into the deceased’s bank account in South Africa. He occupied this place from 2001 to date. The defendant’s witness, told the court that she is not aware of any payments of rates by the deceased estate, neither is she aware of any rentals being paid by the plaintiff... More
This matter was set down in motion court on the 26th January 2023. It is a review application seeking the following relief:
“1. The decision of the magistrate sitting at Lupane under case number LPN 166/19, wherein the applicant was convicted and sentenced to 9 years mandatory minimum sentence is hereby set aside and substituted with the following order:
“The trial be heard de novo before a different magistrate.”
2. No order as to costs.” More
This is an application for bail brought in terms of section 116 (2) (ii) of the Criminal Procedure and Evidence Act (Chapter 9:07). The applicant is facing one count of robbery as defined in section 126 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). Applicant denies the allegations and maintains that he has been wrongly implicated. Applicant and his co-accused filed an application for bail in this court on 17th February 2023. Under HB-38-23 DUBE-BANDA J dismissed the application for bail on the grounds that applicants were a flight risk given the fact that they faced serious... More
This is an application for condonation to file a review application which is being sought to be filed outside the 21 days prescribed by law. The application is opposed. A preliminary point was raised by the respondent. In their challenge of the application, the respondents stated that the application for condonation should be struck off for not being properly before the Court on the basis that the applicant seeks condonation to file a review against a default judgement. More
This is an application for leave to appeal to the Supreme Court against the judgement handed down by this Court reference LC/H/199/22 dated 11th July 2022. The application is made pursuant to the provisions in Section 92 F (2) of the Labour Act [Cap 28:01] as read with Rule 43 of the Labour Court Rules, Statutory Instrument 150 of 2017. The application is opposed. More
