Court Judgements
This an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare dated 1 March 2022, setting aside the second appellant’s decision to deny the respondent leave to sue the first appellant and granting the respondent leave in terms of s 6 (b) of the Reconstruction of State Indebted Insolvent Companies Act [chapter 24:27] (the Act) to institute proceedings against the first appellant for damages for breach of contract. More
This is an application in terms of s 167(2)(d) of the Constitution of Zimbabwe for the Court to determine whether Parliament or the President has failed to fulfil a constitutional obligation. The applicants aver that the respondents have failed to do so in respect of the presentation and passage of the Local Government Amendment Act No. 8 of 2016 in Parliament. It is further averred that presenting and passing a Bill in contravention of the Constitution amounts to a failure to fulfil a constitutional obligation. More
This is the unanimous decision of this Court. This is an appeal against the whole judgment of the High Court handed down on 25 January 2021 dismissing the appellant’s claims for recognition as the legitimate Medical Professionals and Allied Workers Union and ancillary relief.
The court a quo found that the meetings of 30 and 31 January 2018 had been meetings of the National Council of the Union and that not only were they properly convened but they also constituted a quorum. It also found that there was a breach of the constitution of the union in convening the congress... More
This is an application made in terms of s 175(3) of the Constitution of Zimbabwe, 2013, for an order confirming a declaration of constitutional invalidity made by the High Court of Zimbabwe. More
The first applicant is the erstwhile Mining Commissioner for Masvingo a post which he says has since been abolished. No issue arises from the said abolition of post. The second applicant is a quasi-judicial board established in terms of s 6 of the Mines and Minerals Act [Chapter 21:05] whereas the third applicant is the Minister responsible for the administration of the Act. On the other hand the respondent is a mining concern holding various mining blocks within the first applicant’s area of jurisdiction. More
This is an application for condonation for the late filing of an application for leave to appeal conjoined with the application for leave to appeal. The applicants have filed this application in terms of r 5 as read with r 32 of the Constitutional Court Rules, 2016 (the Rules). It is a composite chamber application for condonation and for leave to note an appeal against the decision of the Supreme Court in case number SC 107/21. More
This is an appeal against the entire judgment of the High Court of Zimbabwe sitting at Harare handed down on 16 November 2016 in which the following order was granted:
1. “That it be and is hereby declared that the appointment of the executive committee of the Al Falaah Trust is invalid as it is not in accordance with the terms of the Notarial (sic) Deed of Trust and is therefore an unlawful delegation of the powers of the trustees.
2. That it be and is hereby declared that any decisions and actions taken in the name of the executive... More
