Court Judgements
In November 2021 there was a deluge of chamber applications to this court for the registration of determinations or awards issued by designated agents employed by the National Employment Council for Rural District Councils [RDC]. In all of them, the applicant was the Zimbabwe Rural District Council Workers’ Union, a trade union. The first and second respondents would respectively be the particular rural district council concerned and the respective designated agent who would have issued the determination. Except for the names of the RDCs; the names of the designated agents, and the amounts of the awards, the applications were identical... More
MAVANGIRA JA:
[1] This is an appeal against the decision of the High Court that set aside the appellant’s decision to cancel the ordinary level examinations results of the respondents’ daughters in all the subjects that they had sat for. More
This is an application for a declaratur, in terms of which the applicant seeks the following order:
1. The application for a declaratur be and hereby succeeds.
2. It be and is hereby declared that the respondent’s claims for payment against the applicant, which claims are based on the architectural designs and works that were carried out and submitted by the respondent to the applicant in the year 2007, arising from, out of and in connection with the agreement that was entered into by and between the applicant and respondent on or about 24 March 2006, have been extinguished by... More
This is an appeal against the decision of Registrar of Labour allowing the registration of second respondent in terms of section 45 of the Labour Act, [Chapter 28:01]. Appellant is dissatisfied with the decision and has appealed to this Court. Appellant’s grounds of appeal are as follows:
1. The Registrar erred at law by disregarding the general rule enshrined in section 45 (i) (iv) of the Labour Act [Chapter 28:01] on the desirability of reducing to the least possible member, the number of entities with which employees and employers have to negotiate.
2. The Registrar misdirected herself and erred at... More
Applicant sought the setting aside of part of the arbitral award in terms of Article 34 of the Arbitration Act [Chapter 7:15]. More
The plaintiff is described in the summons and declaration as a company incorporated in terms of the laws of Zimbabwe. The defendant did not take issue with the description of the plaintiff as a company. A reading of the subsequent filed pleadings clearly show that the plaintiff is a union. As such the plaintiff must be an unincorporated association since the citation does not include the references, “private limited” or “limited” as required in law where a company is involved. The correct reference is important as it informs the court of the plaintiff’s locus standi and legal standing to bring... More
This is an application for the setting aside of an arbitral award in terms of Article 34 of the Model Law (Schedule to the Arbitration Act [Chapter 7.15] which provides in Sub-Article 2 as follows:
“Any arbitral award may be set aside by the High Court only if-
(a) …..
(b) the High court finds, that –
(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law of Zimbabwe, or
(ii) the award is in conflict with the public policy of Zimbabwe.” More
