ZESA HOLDINGS (PRIVATE) LIMITED Applicant Versus T. MUNYANYI (N.O.) 1st Respondent SAIDI SANGULA 2nd Respondent

Labour Court · LC/H/195/21 · 11 2021

This is an application for review of the first respondent’s decision on an interlocutory issue. The parties appeared before the first respondent, a labour officer, on a matter referred to the labour officer in terms of section 101 (6) of…

NICKSON BUSU Applicant Versus FIDELITY LIFE ASSURANCE 1stRespondent FIDELITY FUNERAL ASSURANCE COMPANY (PVT) LTD 2nd Respondent S. MUGUMISI (N.O.) 3rd Respondent

Labour Court · LC/H/194/21 · 11 2021

This is an application for review of a decision by an arbitrator. The decision follows a referral of the matter by this court on three terms of reference as follows; “(a) Whether or not Fidelity Life Assurance Company had jurisdiction…

ERNEST RUWIZHI Applicant Versus SEEDCO LIMITED ZIMBABWE Respondent

Labour Court · LC/H/193/21 · 11 2021

This is an application for condonation for late noting of appeal and not for extension of time within which to appeal as well. The applicant was charged and convicted of two acts of misconduct. A penalty of dismissal was imposed.…

LIZIWE MUSEREDZA AND 385 OTHERS Versus (1) MINISTER OF AGRICULTURE, LANDS, WATER AND RURAL RESETTLEMENT (2) MAPARAHWE PROPERTIES (PRIVATE) LIMITED (3) KINGSDALE HOUSING COOPERATIVE SOCIETY LIMITED (4) EXECUTOR, ESTATE OF LATE PIETER NICHOLAS NEL (5) HARDWORK CHIMINYA (6) GIVEMORE DUBE (7) PRETTY KURERA (8) SPIWE MATAMBO (9) EXECUTOR, ESTATE OF LATE SIBANGANI KOKERA (10) ATTORNEY GENERAL OF ZIMBABWE (11) REGISTRAR OF DEEDS

Constitutional Court of Zimbabwe · CCZ -11-21 · 11 2021

After hearing argument on the preliminary point whether the applicants required leave of the court to bring their application, the court ruled that leave was necessary. Having been filed without leave, the matter brought by the applicants was struck off…

ERICKSON MVUDUDU v 1) AGRICULTURAL AND RURAL DEVELOPMENT AUTHORITY (ARDA) (2) ATTORNEY GENERAL OF ZIMBABWE

Constitutional Court of Zimbabwe · CCZ- 10-21 · 11 2021

This is an application for direct access to this Court made in terms of s 167(5) of the Constitution of Zimbabwe, 2013 (“the Constitution”), as read with r 21 of the Constitutional Court Rules, 2016 (“the Rules”). The applicant intends…

TAFADZWA MUSARARA v ZIMBABWE REVENUE AUTHORITY

Supreme Court · SC 18-21 · 11 2021

After hearing parties on 2 November 2021, we handed down our judgment on the appeal ex-tempore. Hereunder appears the judgment. This is the unanimous decision of this Court. This is an appeal against the whole judgment of the High Court…

MISHECK DEMBAREMBA APPLICANT And STUTTAFORDS REMOVALS (PVT) LTD RESPONDENT

Labour Court · LC/H/189/2021 · 10 2021

Application for condonation for late noting of review application was filed at the instance of the applicant employee. The respondent employer opposed the condonation and raised a point in limine. It is the point in limine which is the subject…

ZESA HOLDINGS (PRIVATE) LIMITED Appellant AND OSBON MATUNJA Respondent

Labour Court · LC/H/185/2021 · 10 2021

This is an appeal by the appellant/employer against a decision made against it. Such decision was made by a hearing authority appointed by the employer (appellant). The hearing authority is not in the employ of the appellant.

WINFRED MADENDE Appellant AND ENVIRONMENTAL MANAGEMENT AGENCY Respondent

Labour Court · LC/H/184/2021 · 10 2021

This is an application where partiesconsented to have the matter struck off the roll. This is being asked because the record is not properly done. The record which is before the court is paginated differently from the record which the…

PIONEER COACHES (PVT) LTD Applicant COLLEN MOYO N.O. 1ST Respondent JOSHUA CHIBUDA & 31 OTHERS 2ND Respondent

Labour Court · LC/H/183/21 · 10 2021

Applicant filed in this court an application for rescission in terms of section 92C of the Labour Act Chapter 28:01 hereafter called “the Act”. Respondent opposed the application. The order in question was issued by Judge Hove on the 28th…

ALEXIO MUNGATE Appellant Versus ZESA HOLDINGS (PVT) LTD Respondent

Labour Court · LC/H/182/21 · 10 2021

This is an appeal by the employee against the decision of the employer finding him guilty and imposing a penalty of dismissal. The appellant raised a point in limine to the effect that the respondent had not responded by use…

MAZIVANGEYI SAMHAKA APPLICANT And MINISTER OF PRIMARY AND RESPONDENT SECONDARY EDUCATION

Labour Court · LC/H/177/2021 · 10 2021

This is an appeal against the decision of the respondent employer where it demoted applicant from her position as acting headmistress following allegations of acting contrary to her duties in breach of the Public Service Regulations 1 of 2000 as…

NYASHA NYASANGO APPLICANT AND STAR AFRICA RESPONDENT

Labour Court · LC/H/176/2021 · 10 2021

This is an application for condonation of late noting of an appeal by the applicant employee. The employer is opposed to the grant of the condonation relief. The employee’s case is that he erroneously filed for review which application was…

TONDERAI MUTSAGO (DESIGNATED AGENT) Applicant Versus NATIONAL ASSOCIATION OF NON-GOVERNMENTAL 1st Respondent ORGANISATION CHAMUNORWA MUKAKANHANGA 2nd Respondent

Labour Court · LC/H/172/21 · 10 2021

This is an application for the reinstatement of a matter after the matter was previously struck off. It was struck off because the founding affidavit was defective. The applicant said that they had corrected the affidavit and were therefore applying…

LEGEND MOYO (N.O.) Applicant Versus DELTA BEVERAGES 1stRespondent INNOCENT MAISIRI 2nd Respondent

Labour Court · LC/H/171/21 · 10 2021

This is an application by a designated agent, for the confirmation of his draft ruling. It is in terms of section 93 (5a)(a) and (b) of the Labour Act, Chapter 28:01 (the Act). The first respondent (the employer) raised two…

PATRICIA MUKUMBI Applicant DESTINY ELECTRONICS (PVT) LTD 1st Respondent RETRENCHMENT BOARD Respondent

Labour Court · LC/H/170/21 · 10 2021

Applicant applied to this Court for the review of her retrenchment by 1st Respondent. The gist of her case is set out in the Founding Affidavit as follows “7. 1st Respondent unlawful referred her proposed retrenchment to 2nd Respondent whereas…

ISDO RUZVIDZO APPLICANT And DELTA BEVERAGES (PVT) LTD RESPONDENT

Labour Court · LC/H/169/2021 · 10 2021

At the hearing of a condonation for late noting of an appeal by the applicant employee the respondent raised points in limine which are the subject of this judgment. The respondent contends that the applicant is prematurely before the court…

NEW LIFE COVENANT CHURCH v (1) TRUSTEES OF THE HARARE WETLANDS TRUST (2) DIRECTOR OF WORKS CITY OF HARARE (3) CITY OF HARARE

Supreme Court · SC 74-22 · 10 2021

This was an appeal against the whole of the judgment of the Administrative Court of Zimbabwe handed down on 7 September 2020 as case number ACC87/19, judgment number AC 9/20. The appeal was heard on 20 October 2021. The court…

(i) FRANK BUYANGA SADIQI Versus CHANTELLE TATENDA MUTESWA (ii) FRANK BUYANGA SADIQI Versus (1) CHANTELLE TATENDA MUTESWA (2) KILLIAN KAPFIDZA (3) COMMISSIONER GENERAL OF POLICE N.O. (4) REGISTRAR GENERAL N.O. (5) CHIEF IMMIGRATION OFFICER N.O. (6) MINISTER OF JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS N.O. (7) SOUTH AFRICAN AIRWAYS

Constitutional Court of Zimbabwe · CCZ-14-21 · 10 2021

The two matters herein are applications for leave to appeal, lodged in terms of r 32(2) of the Constitutional Court Rules 2016, against two separate judgments of the Supreme Court. The first judgment (No. SC 131/21) was handed down in…

LUCKSON SITHOLE versus SMELLY DUBE And PROVINCIAL MINING DIRECTOR, MIDLANDS N.O.

Labour Court · HMA 57-21 · 10 2021

WAMAMBO J: This is an Urgent Chamber Application wherein the applicant and 1st respondents are embroiled in a tussle over a mine. It is one of the many matters that cross a Judge’s desk in this area wherein mining operations…