The 1st respondent is a former employee of the appellant. He was employed as a Purchase Officer. Following an audit the appellant discovered that 1st respondent hand caused losses to the company in the amount of US$314 through favouring one client, Champions, a supplier of motor spares. Initially appellant had referred the matter to the police and then acing on advice opted to
conduct disciplinary process. The 1st respondent thereafter started absconding from work from the 14th of August, 2021. The appellant then levelled charges against 1st respondent of absenteeism; (1 count) unsatisfactory work performance (4 counts). A disciplinary hearing... More
The relief sought on appeal is incompetent since the Applicant prays for reinstatement when that was not the prevailing position prior to the dismissal. Prior to the dismissal on the 14th August, 2020, the Applicant was suspended from employment on the 6th July, 2020. The status quo that has to be restored is therefore the position of suspension and not the reinstatement. More
Applicant applied to this Court for condonation of a late appeal in terms of Rule 22 of the Labour Court Rules S.I. 150/17. Respondent opposed the application. The decision sought to be appealed was made by the Appeals Officer on the 14th September 2020. In terms of Rule 19 applicant ought to have appealed to this Court within 21 (twenty-one) days of that decision. He did not do so. He filed an application for condonation in March 2022 under reference LC/H/235/22. Same was struck off the roll on 5th August 2022. He filed another application for condonation on 22nd September... More
This is an urgent chamber application based on spoliation as well as breach of s 68 of the Constitution and s 3 (1) (a) of the AJA. It bears giving the background to this matter so as to put the relief being sought in context. The applicant is a transporter whose business involves ferrying various goods including petrol and diesel. Sometime at the end of November 2022, the applicant was contracted by Pioneer Petroleum & Gas Limited, in Zambia, to carry petrol from Mozambique to Zambia via Zimbabwe, which consignment was ferried in two trucks. The trucks entered Zimbabwe on... More
Applicant company is duly registered in terms of the laws of Mozambique and is in the business of providing transport services. Applicant was hired by Fungai Makombote, a Zimbabwean, to transport fresh garlic from Beira to Harare via Forbes Border Post. Fungai Makombote had imported the garlic from China. Fungai Makombote also contracted a clearing agent at Forbes Border Post called Afrologistics Private Limited to handle the clearance of the goods in transit. The agent committed fraudulent declarations of the goods culminating in the seizure of both the garlic and the carrier, applicant’s truck. More
This is an application for rescission of a consent order made in terms of rule 449 (1) (a) of the High Court Rules, 1971 (which were then applicable) where the applicant who is the husband of the now deceased, Millicent Tutsimane Tandile Akinjide-Obonyo, seeks an order against her estate represented Clever Mandizvidza the duly appointed executor. The relief sought is the following: More
1. This case concerns the liability of the Reserve Bank of Zimbabwe, [the RBZ], following the failure of Interfin Bank Limited [Interfin], a bank under its supervision. The subject of liability of financial supervisors charged with supervision of a failed bank poses intricate legal issues, particularly because, their exercise of public power raises both delictual and administrative liability issues. Owing to a different liability regime concerning public bodies, liability of central banks poses problems for application of ordinary principles of delictual liability. The statutory provisions in central bank legislation which make provision for their immunity complicates the whole matrix, safeguards... More
