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The facts as borne by the state outline, are that the accused person in the company of his co-accused who did not tender a guilty plea resulting in the separation of trial and the complainant are related. The trio had a dispute over an itel cellphone belonging to the other accused at the complainant’s homestead. It is alleged that though the complainant handed over the phone to the said accused person he was attacked with a machete by the 1st accused on his right hand and further assaulted on the head by the 2nd accused. He sustained severe injuries as... More
Applicant is employed by as a clerk at Dzivaresekwa 5 Primary School. He was charged with misconduct after it was alleged that he had been involved in what was termed ‘unbecoming and indecorous behaviour’ at the school. He was brought before a Disciplinary Committee which found him guilty. More
Applicant was arraigned before the Magistrates Court sitting at Beitbridge on a charge of fraud as defined in section 136 of the Criminal Law (Codification and Reform) Act (Chap 9:23). Applicant pleaded not guilty to the charge and was duly convicted at the end of a full trial. Applicant was sentenced to 60 months imprisonment with 36 months suspended on the usual condition of future good conduct. A further 4 months were suspended on condition of restitution. Aggrieved by the conviction and sentence, applicant lodged an appeal with this court. This is an application for bail pending appeal. The application... More
The history of mental illness runs deep in Learnmore Michael (the accused)’s family. His mother lives with mental illness. He has a sister who lives with the same condition whilst another of his sisters committed suicide. She was driven into it by a mental health problem. As will be illustrated later in this judgment, there is evidence that the accused may have been mentally ill at the time he committed this murder. It may not be possible to apportion blame on him for his actions. More
Vevhu approached this court on an urgent basis in terms of rule 40 of the Commercial Court Rules SI 123-20. It sought a provisional order, pending arbitration, interdicting Operation Nehemiah from carrying out certain civil works on a tract of land known as Lot 12 of Spitzkop. This parcel of virgin land (“Lot 12”), lies due west of Harare in the rural district of Zvimba. More
On 21 November 2023, applicant unsuccessfully moved to have this matter heard on an urgent basis. On 23 November 2023, I handed down the reasons, under judgment number HH 628-23, for deferring the matter to the ordinary roll. The matter was, in due course, set down on the normal roll and argued on the merits on 18 January 2024. Herewith the judgment. More
The Applicant was employed by the Respondent as a driver until June 2016 when he was dismissed from employment. This was following a disciplinary process convened in terms of Statutory Instrument 15 of 2006. The Applicant was facing charges arising from allegations that he had pre-warned illegal fuel dealers of the impending spot-checks or inspections by the Respondent’s officials thus by doing he was frustrating his employer’s regulatory role. The Applicant was found guilty of the charges. His initial appeal to the Respondent’s Appeals Officer was dismissed for lack of merit on 18 July 2016. More
