This is an application in terms of section 93 (5a) and (b) of the Labour Act [Chapter 28:01] (the Act). The applicant ruled in favor of the employees. In response to the application for confirmation of the draft ruling, the employer raised several preliminary issues which it alleged were capable of disposing of the matter. More
The accused person was aged 20 years, when he was tried and convicted of 2 counts of rape on a minor girl then aged 9 years, in 2022. He was sentenced to an effective 15 years from a sentence of 18 years with 3 suspended on good behaviour. He is appealing against both conviction and sentence. His grounds of appeal are basically that the court erred in making a finding that there was rape when the medical affidavit could not confirm the same. Further, that the evidence of the complainant was inconsistent as to the place where the rape took... More
On 29 November 2021 my brother Musithu J granted the following provisional order in the urgent application proceedings.
“It is ordered that:
Pending the determination of this matter on the return day, the applicant is granted the following interim relief:
1. The operation of the circular resolution executed by the first and second respondents dated 1st October 2021 authorising the placing of Adlecraft Investments (Private) Limited under voluntary business rescue proceedings is suspended.2. The respondents are hereby interdicted from implementing the terms of that resolution.” More
The appellant initiated a retrenchment process against the first respondent before the second respondent. The second respondent made recommendations to the Minister of Labour and Social Services (the Minister) in terms of the Labour Relations Retrenchment Regulations, 2003 (SI 186/2003) (the Regulations).
By notice dated 2 March 2015, the Minister approved the retrenchment of the first respondent with effect from 23 February 2015. The approval included the terms for the retrenchment and more particularly that the first respondent was entitled to payment of a gratuity equivalent to one month’s salary for every year worked, a stabilisation allowance equivalent to two... More
This is an application for review of the proceedings of the disciplinary committee. Initially the review was based on six grounds but they were reduced to two as the other four were abandoned. More
This is an Election Petition brought in terms of Section 133 as read with Section 167 of the Electoral Act [Chapter 2:13] [the Act]. The election under challenge relates to the Local Authority for Ward 28 Councilor in NKAYI SOUTH Constituency in rural Matabeleland North Province. The Polling took place on 23 August 2023. The results of the election were announced on 24 August 2023. At the commencement of the hearing, the Petitioner withdrew the petition against the 1st and 2nd Respondents. The withdrawal was wisely taken, consensual, and without a tender or demand for costs. More
Applicant applied to this Court for the rescission of default judgment in terms of section 92(1)a of the Labour Act Chapter 28:01 as read with Rule 40 of the Labour Court Rules S.I. 150/17. Respondents opposed the application. More
