MUSITHU J: This referral judgment is rendered pursuant to the provisions of s 175(4) of the Constitution as read with r 24 of the Constitutional Court rules, 2016 and r 108 of the of the High Court rules, 2021. The composite judgment is concerned with both Case 1 and Case 2, which arose from the same cause of action and circumstances. The constitutional
issue that arises for determination in both cases is the constitutionality of s 70 of the Police Act [Chapter 11:10] (the Police Act), which states that:
“70 Limitations of actions
Any civil proceedings instituted against the State... More
This application for rescission of default judgment is made by the Minister of Foreign Affairs and International Trade in his official capacity as such. The Minister Frederick Shava deposed to the founding affidavit. The brief background to this application is as detailed hereunder.
The respondent company Destiny Ventures (Propriety) Limited Botswana instituted proceedings in this court under case No. HC 741/21 against United Nations Children’s Education Fund (UNICEF). A default judgment was granted in favour of the respondent company on 7 July 2021 by MANGOTA J. The terms of that judgment were as follows: More
The applicants were offered stand No. 1211 Medium Density, Woodbroke North Bindura by the respondent on 17 November 2011. The full purchase price on the offer letter was in the sum of USD1500.00 which applicants paid in full upon acceptance of the offer. The respondent proceeded to allocate the stand to the applicants and deferred the signing of the Agreement of sale to a later and unspecified date pending servicing of the stand. The respondent has decided to ignore and distance itself from the offer and has issued the applicants with an agreement of sale in respect of the same... More
: This matter is an application for bail pending appeal. Before the Regional Court applicant was the first accused of the three accused in that matter. They faced four counts of rape as defined in Section 65 (1) of the Criminal Law (Codification and Reform Act) Chapter 9:23. The allegations were that the accused person’s raped female minors aged four, eight and 11 years old More
On 03 February 2025 this court dismissed with costs an appeal that had been filed by the appellant employer in a labour dispute pitting the employer and the employee. The court indicated that full reasons for the order could be availed on request. The employer has made a request for such reasons. More
On 26 February 2025 this court handed down an order dismissing with costs the applicant’s application for condonation for late noting of an appeal and extension of time within which to file the same. More
The delay in the hand down of the judgment is sincerely regretted.
The application before the court is an application for review of the decision taken by the Respondent on 2nd February, 2022 to terminate the Applicant’s contract of employment in terms of Section 12C of the Labour Act [Cap 28:01]. The application is premised on Section 92 EE(1) of the Labour Act [Cap 28:01] as read with Rule 20 of the Labour Court, Rules 2017. More
