Court Judgements
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On 17 October 2018 the appellant was arraigned before the Provincial Magistrate sitting at Rusape facing stock theft as defined in s 14 (2) (a) (i) and (ii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It was alleged that on a date unknown to the prosecutor but between 2017 and September 2018 and at Marowa Village Chief Makoni Rusape, Takudzwa Mufandaedza and the appellant one or both of them unlawfully and knowing that Innocent Mufandaedza is entitiled to own, possess or control 31 cattle or their produce or realising that there was a real risk or possibility... More
The applicant filed an application for a final interdict in respect of a mining claim known as SARAMINE ‘A’, situate in Kwekwe District, under certificate of registration number 30705. Previously, the mine was registered in 2002 by the applicant’s mother who worked upon the mining claims. The respondent opposes the grant of the interdict and avers that the mining claim encroaches on to the respondent’s Woodridge Plot. It is common cause that the respondent is the holder of a certificate of occupancy in respect of Plot number 6 Woodridge, measuring 40 hectares in extent. The certificate of occupancy was issued... More
The applicant is one of three accused who were found guilty of contravening section 45(1)(b) of the Parks and Wildlife Act [Chapter 20:14] (possession of a live specially protected animal). The trial Magistrate sentenced the applicant along with his co-accused each to 9 years imprisonment. The applicant appealed and his sentence was reduced to 3 years imprisonment of which I year imprisonment was suspended (see HMA 33-19). More
This is an appeal against the entire judgment of the Labour Court dismissing the appellant’s appeal against a decision of the Grievance and Disciplinary Committee of the National Employment Council for the Tobacco Industry (“the NEC Grievance and Disciplinary Committee”) which found that the appellant had failed to prove a prima facie case against the respondent. More
The appellant appeared in the Magistrate Court sitting at Western Commonage, Bulawayo on an alleged breach of section 49 (1) (b) of the Criminal Law Codification and Reform Act (Chapter 9:23), that is culpable homicide. The specific allegation being that on the 4th of January 2017 and at the Bulawayo City Council’s landfill site adjacent to Entembeni Road, Pumula South, the appellant caused the death of one Tinashe Chiparamura by digging up gravel pits and leaving them open, thereby trapping water in which the deceased drowned. In so, doing the state alleged, the appellant realised or ought to have foreseen... More
On 21 September 2017, the applicant appeared before the first respondent facing allegations of failing to comply with a disclosure order issued by the Director of Financial Intelligence Unit of the Reserve Bank of Zimbabwe in violation of section 18 (3) as read with section 11 and 13 of the Bank Use Promotion Act [Chapter 24:24].
Basically, the allegations were that the applicant had failed to submit certain returns to the Reserve Bank of Zimbabwe from the 25th of June 2016 to 13 June 2017.
In its defence to the charge the applicant took the position that it was complying... More
This is an application wherein the following interim relief is sought
“1. Applicant be and is hereby declared to be the President of 9th respondent.
2. 1st -8th respondents be and are hereby interdicted from holding themselves out as members and/or offices of the 9th respondent.
3. 1st -6th and 8th respondents be and are hereby interdicted from holding themselves out as and performing functions of acting president, trustee, General Secretary, National organizing secretary, National Youth Chairperson, National Women’s’ Committee Chairperson and Chairperson Harare Branch of 9th respondent respectively.
4. 1st- 8th respondent be and are hereby interdicted from implementing... More
