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In this application, the applicant seeks an order in the following terms:
“(a) The prosecution of applicant by the General Court Martial 02/13 for the offence of contravening paragraph 15 (2) (a) of the Defence Act [Chapter 11:02], that is, absence without leave which occurred in 2004 be and is hereby permanently stayed.
(b) First, second, third and fourth respondents, the one paying the others to be absolved, are to pay the costs of suit.”
[2] The application, which was opposed by the respondents, was heard before this court on 16 October 2013 and judgment reserved. For reasons that remain... More
These matters were referred to this court by a magistrate’s court in terms of s 24(2) of the former Constitution of Zimbabwe (“the former Constitution”). The applicants allege a breach of ss 15(1) and 18 of the former Constitution. The relief sought is a permanent stay of criminal proceedings. More
After hearing the parties on 2 March 2017 this Court pronounced:
“It is the unanimous view of this Court that the appeal is devoid of merit and ought to fail. Accordingly, it is ordered as follows:
The appeal is dismissed with costs.
Reasons for this judgment will follow in due course.” More
This matter was filed as an appeal against the whole judgment of the Supreme Court dated 18 May 2015. The appellants submit that the appeal is noted in terms of s 167 (1)(a) and (c) as read with s 167 (5)(b) as further read with s 169 (1) of the Constitution. More
This is an application in terms of s 85 (1) of the Constitution.
The applicants seek an order affirming the first applicant’s constitutional right to belong to a trade union of his choice in terms of s 65(2) of the Constitution. They also seek an order declaring as unconstitutional and a violation of this fundamental right, the conduct of the respondent in: -
1. refusing the first applicant permission to belong to and participate in the lawful activities of the Zimbabwe Banks and Allied Workers Union (ZIBAWU); and
2. giving him the ultimatum to choose between his job and the... More
This matter was referred to this court by a magistrate in terms of s 24 (2) of the former Constitution of Zimbabwe. After hearing the parties, judgment was reserved. More
On 31 March 2009 the Court issued the following order in this matter:
"IT IS DECLARED THAT:
(1) The refusal to refer the constitutional issue in the magistrate court in the matter of The State v Tom Beattie Pvt Ltd and Thomas Irving Beattie to the Supreme Court for determination was wrongful and was consequently a breach of the applicants’ right to protection of law under section 18(1) of the Constitution of Zimbabwe.
(2) Section 277(3), as read with section 277(5), of the Criminal Law (Codification and Reform) Act [Chapter 9:23] is consistent with section 18(1), as read with section... More
