This is an application for direct access to the Court made in terms of s 167(5) of the Constitution as read with r 21 of the Constitutional Court Rules, 2016(“the Rules”).
[2] The applicants intend to approach the Court in terms of s 85(1) of the Constitution, seeking an order that the fundamental right of every person to form and join trade unions and employer-employee organisations of their choice and to participate in the lawful activities of those organisations, enshrined in s 65(2) of the Constitution of Zimbabwe, 2013, has been and is being infringed by employers in respect of... More
This is an appeal against the whole judgment of the High Court sitting at Harare dated 24 February 2017 in which the court a quo granted an interim interdict sought by the first respondent on behalf of the third respondent. More
Before the attachment, the appellant had on 11 May 2023 filed an urgent chamber application in HC3131/23 for leave to appeal against the judgment granting leave to execute. Thereafter the parties found each other and signed an agreement in terms of which the appellant agreed to withdraw its urgent chamber application for leave to appeal.
On 15 May 2023 the appellant instructed RBZ, that is the Reserve Bank of Zimbabwe, to pay the respondent a sum of US$679 103.98. On 25 May 2023 it then instructed the RBZ to pay a further US$1 500 000.00 to the respondent.
It is... More
The appellant opposed the application, arguing that Article 11(4) of the UNCITRAL Model Law empowers the High Court to appoint an arbitrator of its own accord. The contention was that the High Court had no power to delegate the authority to appoint an arbitrator to another body, such as the Commercial Arbitration Centre. The appellant also argued that the dispute over the appropriate rental for the property was governed by the Commercial Premises (Rent) Regulations, Statutory Instrument No. 176 of 1983 (the Rent Regulations”) and as such should be determined by the Commercial Rent Board. The appellant further argued that... More
At the end of the hearing of this matter the following order was issued:
“IT IS ORDERED THAT:
1st Applicant takes all the necessary steps to ensure that its officers and officers under the command of the 1st, 2nd, and 3rd Respondents, authorised to cast ballots in terms of section 81 of the Electoral Act [Cap 2:13] who failed to cast their ballots on the 14th and 15th of July 2013 because of the unavailability of ballot papers, be and are hereby allowed to cast their ballots on the 31st of July 2013.” More
This matter purports to be an application in terms s 167(2)(d) as read with s 85 of the Constitution and as further read with r 27 of the Constitutional Court Rules, 2016. In essence, the application involves a challenge to the validity of the Constitution of Zimbabwe Amendment (No. 2) Act of 2021 (“the Amendment No. 2 Act”). More