THE STATE vs TAPIWA KUIPA and LAZARUS NGWENYA and JOHN MAKUFA and TRANOS CHAPANDA

Masvingo High Court · HMA 29-21 · 12 2021

There were a lot of twists and turns in this matter. Initially there were 8 suspects arrested in the matter. However when the trial commenced the other 3 suspects could not be located hence the trial was only in respect…

THE STATE versus MAXSEN BVUMBE

Harare High Court · HH 242-23 · 11 2021

The accused (29) is facing a charge of murder as defined in s 47 (1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It is alleged that on 21 July 2020 and at Madzinga village, Centenary he assaulted…

CLEVER NJOVANA v (1) KUDAKWASHE KARAGA (2) THE MINISTER OF LANDS, WATER, CLIMATE AND RURAL RESETLEMENT N.O

Supreme Court · SC 36/2022 · 11 2021

This is an appeal against the whole judgment of the High Court handed down on 11 November 2020 wherein the first respondent was granted an eviction order against the appellant. Aggrieved by this decision the appellant noted the present appeal…

TASIP MINING SYNDICATE and SIMBARASHE MANGWENDE and TAWANDA MANGWENDE versus WILLIAM SAVANHU and MINISTER OF MINES AND MININGDEVELOPMENT N.O. and MINISTER OF LANDS N.O.

Harare High Court · HH 157-22 · 11 2021

At the hearing of this matter I dismissed all the points in limine that the first respondent raised. After hearing the matter on the merits I dismissed the applicants’ application. I have now been asked for the written reasons thereof…

EZEKIEL CHINOINGIRA v (1) SABRE SERVICES (PRIVATE) LIMITED (2) BALWEARIE HOLDINGS (PRIVATE) LIMITED [Company Number 45/77]

Supreme Court · SC 22/2022 · 11 2021

At the conclusion of submissions by counsel, the Court delivered a unanimous ex-tempore judgment. Counsel for the first respondent has now requested written reasons for the ex-tempore judgment. 2. It was couched as follows: “We hereby present the unanimous decision…

AMOS GWINYA v THE STATE

Supreme Court · SC 82-22 · 11 2021

This is an application for leave to appeal against the judgment of the High Court (the court a quo). The applicant was convicted of murder with constructive intent and sentenced to 10 years imprisonment. He applied for leave to appeal…

CANAAN JACK Applicant FREDA REBECCA GOLD Respondent MINE LIMITED

Labour Court · LC/H/212/2021 · 11 2021

Applicant filed in this Court an application for review. Respondent opposed the application. The grounds for review were worded as follows; “The Disciplinary Committee was not properly composed as provided for in terms of …Both employees’ representatives and workers representatives…

MICHAEL CHITEKA APPLICANT AND BINDURA NICKEL CORPORATION LIMITED RESPONDENT

Labour Court · LC/H/211/2021 · 11 2021

This is an appeal against the determination of the Designated Agent for the National Employment Council for the Mining Industry, issued on 16 March 2021. The determination dismissed the appellant’s claims relating to unfair dismissal, notice pay, overtime allowance, underground…

GODFREY NZOMBE 1st APPELLANT ANGELA SHOKO 2nd APPELLANT AND CITY OF HARARE RESPONDENT

Labour Court · LC/H/210/2021 · 11 2021

This is an appeal against the decision of the Designated Agent for the National Employment Council; Harare Municipal Undertaking (NEC), issued on 19 March 2020. In the determination, the Designated Agent dismissed the appellants’ claim for allocation of 40 litres…

EPHRAIM MACHINGURA APPELLANT AND DELTA BEVERAGES (PRIVATE) LIMITED RESPONDENT

Labour Court · LC/H/207/2021 · 11 2021

This is an appeal against the determination of the respondent’s Works Council, which upheld the dismissal of the appellant from employment. The factual background to the matter, briefly outlined, is that the appellant was at the material time employed as…

PASNOS CHIKOVE APPELLANT AND UNIVERSITY OF ZIMBABWE RESPONDENT

Labour Court · LC/H/206/2021 · 11 2021

This is an appeal against the decision of the respondent’s Appeals Committee, which upheld the dismissal of the appellant from employment by the Staff Disciplinary Committee (Disciplinary Committee). The brief facts of the matter are that the appellant was employed…

BUSANI MANDHLOKUWA APPLICANT AND CHEETAH EXPRESS LOGISTICS RESPONDENT (PVT) LTD t/a FEDEX EXPRESS

Labour Court · LC/H/205/2021 · 11 2021

This judgement only addressed the 2 points in limine which were taken by the respondent employer in an appeal at the instance of the appellant employee. This follows a labour dispute pitting the 2 and which saw them appearing before…

TAPFUMANEYI NDORI APPLICANT AND ZIMBABWE NEWSPAPERS (1980) LIMITED RESPONDENT

Labour Court · LC/H/204/2021 · 11 2021

The only issue to be decided in this matter is the scale of costs By way of background the employee filed with this court a Notice to withdraw an application which he had filed with this court. He however did…

WILLARD CAPTAIN AND 7 OTHERS APPLICANTS AND NAGLE HOUSE SCHOOL RESPONDENT

Labour Court · LC/H/203/2021 · 11 2021

This matter was set down as an application for review at the instance of the applicant employees in a labour dispute pitting them and the respondent employer. The employees raised a point in limine that there was no legal persona…

CBZ BANK APPLICANT And BETINA BVEKWA RESPONDENT

Labour Court · LC/H/202/2021 · 11 2021

This is an application for leave to appeal to the Supreme Court. The application is at the instance of the applicant bank which was irked by the labour court’s decision to dismiss its appeal where it challenged the decision of…

TAFADZWA SAKAROMBE APPLICANT AND TELONE (PVT) LTD 1stRESPONDENT AND ITAI NYANHONGO 2nd RESPONDENT

Labour Court · LC/H/201/2021 · 11 2021

On the set down of this application for confirmation of a ruling in the matter between ItaiNyanhongo and Telone the employer defaulted court despite service. The default notwithstanding the court invited the labour officer’s representative and the employee representative to…

CAINOS CHINGOMBE APPLICANT AND CITY OF HARARE RESPONDENT

Labour Court · LC/H/200/2021 · 11 2021

This is an application for the review of the decision of the respondent Council to reverse a resolution which had resulted in the applicant employee’s reinstatement following a labour dispute between the 2 parties. The basis for review is two…

CAFÉ EXPRESSO APPLICANT versus LILFORD NHANDARA 1STRESPONDENT DAVID BADZA 2ND RESPONDENT

Labour Court · LC/H/199/2021 · 11 2021

The employer contends that it failed to file its heads of argument because of lockdown restrictions and because of administration glitchesat their offices. It contends further that it has a good case on the merits. This is so given the…

FARAI HOMWE APPLICANT AND ST PAULS MUSAMI MISSION HOSPITAL 1st RESPONDENT AND THE EXECUTIVE DIRECTOR HEALTH SERVICES BOARD 2nd RESPONDENT

Labour Court · LC/H/198/2021 · 11 2021

This is an application for condonation of late noting of an appeal to the labour court at the applicant employee’s instance. This application follows the employee’s failure to appeal to the labour court following his dismissal by the mission hospital.…

PRETTY MAKUNI APPLICANT AND OLD MUTUAL SHARED SERVICES 1st RESPONDENT DAVIES MUSOSO 2nd RESPONDENT (In his capacity as the Appeals Officer)

Labour Court · LC/H/196/2021 · 11 2021

This matter was set down as an application for condonation for late filing of an appeal. In response to the application the respondent employer raised with the court points in limine which points are the subject matter of this judgment.…