ARTWELL DANDA and TAKAZIVEI KAPIRA versus THE STATE

Harare High Court · HH176-13 · 06 2013

The appellant was convicted of assault as defined in s 89 of the Criminal Law (Codification & Reform) Act, [Cap 9:23] and sentenced to six months imprisonment of which three months were suspended for 2 years on condition of good…

ALOIS MATONGO versus MIDLANDS STATE UNIVERSITY

Harare High Court · HH174-13 · 06 2013

At the commencement of the trial in this matter, I meromotu raised the issue of whether or not the jurisdiction of this court has not been ousted by the provisions of s 89(6) of the Labour Act [Cap 28:01] (“the…

MIKE BELINSKY versus TONDERAYI CHIPERE

Harare High Court · HH173-13 · 06 2013

Plaintiff, Mike Belinsky, (“Belinsky”) was driving his Cherokee Jeep in the inner lane eastwards along Paisley Road towards ZBC complex in Mbare. Two lanes are on each side of this road. Beside him was a commuter omnibus belonging to Tonderayi…

MUNICIPALITY OF CHINHOYI - Appellant And EZEKIAL MURINGANI - Respondent

Labour Court · LC/H/214/13 · 06 2013

The matter was set down before one as an application for interim relief and a counter application for interim determination by suspending the arbitral award handed down on 06 December, 2012. Both applications are premised on Section 92 E (2)…

MEMORY MARIMIRA Appellant And BUHERA RURAL DISTRICT COUNCIL Respondent

Labour Court · LC/H/237/13 · 06 2013

The Appellant in this matter was wrongly cited as J.C. Gumbi (instead of Memory Marimira.) J.C. Gumbi is a representative from the Zimbabwe Rural District Workers Union (the union). The facts are that when Memory Marimira the actual Appellant approached…

LIFESTYLE MANAGEMENT - Appellant And JOEL M. MAZIWISA - Respondent

Labour Court · LC/H/225/13 · 06 2013

On 12 September, 2007 the Respondent was suspended on allegations of contravening Section 4(a)of Statutory Instrument 15 of 2006 for“an act of conduct or omission inconsistent with the fulfillment of the express or implied conditions”of employment. The disciplinary hearing was…

VICTOR BANDA Appellant SHAMVA MINE Respondent (METALLON GOLD ZIMBABWE)

Labour Court · LC/H/224/13 · 06 2013

Appellant appealed to this Court against his dismissal from employment by Respondent. His Heads Of Argument summarised the case as follows; “1. It is respectfully submitted that Respondent errored (sic) in dismissing Appellant on allegations of incompetence because (to) the…

SMC LIMITED Appellant KETINA ZEMBE Respondent

Labour Court · LC/H/218/13 · 06 2013

On 15th November 2011 the Honourable P Shawatu made an arbitration award. In terms thereof he ordered Appellant to pay Respondent an amount of US$28 783.00 as damages in lieu of reinstatement. Appellant then appealed to this Court against the…

CLOVGATE ELEVATORS COMPANY – Applicant And VIMBAI CHIKUMBU – Respondent

Labour Court · LC/H/207/2013 · 05 2013

This matter had been set down for the 24 May 2013. Both parties were informed that matter was postponed to a date to be informed by the Registrar. The Registrar called and advised both legal practitioners that the matter had…

JEALOUSY MBIZVO MAWARIRE v (1) ROBERT GABRIEL MUGABE N.O. (2) MORGAN RICHARD TSVANGIRAI N.O. (3) ARTHUR GUSENI OLIVER MUTAMBARA N.O. (4) WELSHMAN NCUBE (5) THE ATTORNEY-GENERAL

Constitutional Court of Zimbabwe · CCZ-1-13 · 05 2013

This is an application brought under s 24(1) of the Constitution of Zimbabwe (hereinafter “the Constitution”) on the basis that the applicant’s rights enshrined in ss 18(1) and 18(1a) have been contravened.

ECKEM W. SITHOLE APPLICANT AND RIO ZIMBABWE LTD & 3 OTHERS RESPONDENT

Labour Court · LC/MS/12/13 · 05 2013

The applicant in this matter applied for review of the decision of the Respondent’s Disciplinary Committee which was made on the 23rd of March 2009. When parties appeared before this Court the respondent raised points in limine i.e. (i) That…

TROJAN NICKEL MINE LIMITED versus RESERVE BANK OF ZIMBABWE

Harare High Court · HH169-13 · 05 2013

It is WALLIS JA, with HARMS AJ, VAN HEERDEN and MALAN JJA and PETSE AJA all concurring who waxed lyrical in Executive Officer of the Financial Services Board v Dynamic Wealth Ltd &Ors201 2(1) SA 543 when he said:- “Ever…

NJZ RESOURCES (HK) LIMITED versus MINERALS TRADING (PRIVATE) LIMITED and CHARLES CHISANGO and KEVIN MAKONI and GALECHKA INVESTMENTS (PRIVATE) LIMITED

Harare High Court · HH166-13 · 05 2013

: The applicant is a limited liability foreign company incorporated in terms of the laws of Hong Kong whose address of service is No. 7 Livingstone Avenue, Milton Park Harare. Sometime in January 2010 it allegedly concluded an Equipment Sales…

CHENESO MUVANDI - APPELLANT AND GREEN MOTOR SERVICES (PVT) LTD - RESPONDENT

Labour Court · LC/MC/42/2013 · 05 2013

This is an appeal and a cross appeal against the arbitrator’s award. The employee Cheneso had approached the arbitrator after her suspension by the employer Green Motors had been declared unlawful by a court of law. The arbitrator ruled that…

GODFREY MATONGO Appellant And MINISTRY OF EDUCATION Respondent

Labour Court · LC/MC/19/2013 · 05 2013

This is an appeal against the penalty which was imposed on the Appellant by the Respondent’s Disciplinary Authority and confirmed by the Public Service Commission. The facts of the case are that: The Appellant who was in the Respondent’s employ…

AFRICAN BANKING CORPORATION OF ZIMBABWE LIMITED versus PAUL EDWARDS SHIPPING (PRIVATE) LIMITED and EDWARD MUTAMBANADZO and BEAULAH MUTAMBANADZO and FREVO INVESTMENTS (PRIVATE) LIMITED and PASIVATE INVESTMENTS (PRIVATE) LIMITED

Harare High Court · HH168-13 · 05 2013

This is an application for summary judgment. The applicant, a commercial bank, issued summons against the respondents claiming payment of a sum of US$280 961.94 as the balance outstanding in terms of a loan facility availed to the first respondent…

ZESA HOLDINGS- Appellant And SHEILLA MESO AND 25 OTHERS - Respondents

Labour Court · LC/H/208/2013 · 05 2013

This is an appeal from the decision of an Arbitrator who found that the termination of the Respondents’ Contract of employment by the Appellant (ZESA) was unlawful and he ordered that ZESA should retrench the Respondents. The facts of the…

SIMBARASHE S. MAMBONDIANI Appellant And MINISTRY OF LOCAL GOVERNMENT & URBAN DEVELOPMENT Respondent

Labour Court · LC/H/206/13 · 05 2013

The Appellant called at his supervisor’s house Mr Tinarwo on Saturday 26th June, 2004 and told him that he wanted to travel to Hwedza to do a spot check of some deliveries. The supervisor authorised him to take a Mazda…

C. RUTURI – Appellant And HERITAGE INSURANCE COMPANY – Respondent

Labour Court · LC/H/203/2013 · 05 2013

This matter was reffered to me in Chambers in terms of Rule19 (3) (a) of this Court’s rules. The Respondent applied for the dismissal of the appeal filed by the Appellant. I noted that the appeal was dismissed on 13…

M. ZODZIWA APPELLANT And REDWING MINE RESPONDENT

Labour Court · LC/MC/18/2013 · 05 2013

This is an appeal against the decision of the Respondent to dismiss the Appellant on allegations of contravening the Respondent Code of conduct SI 165 or 1995 Part B Section 4 (a) (iv) Misappropriation; applying or attempting to apply to…