Supreme Court of Zimbabwe - 2002 September

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4 judgments

Citation	Judgment date
September 2002
Matungamire v Posts and Telecommunications Corporation (Civil Appeal 245 of 2000; SC 31 of 2002) [2002] ZWSC 84 (30 September 2002) Regulations under the Labour Relations Act prevail over unregistered Codes; dismissal under Regulations is valid unless the Code prescribes a lesser penalty. Labour law – Termination of employment – Regulations made under s 17 of Labour Relations Act prevail over unregistered Codes of Conduct; employer may seek dismissal under Regulations unless unregistered Code prescribes a lesser penalty	30 September 2002
Slabbert v Van Breda (Civil Appeal 21 of 2000; SC 67 of 2002) [2002] ZWSC 67 (23 September 2002) Whether appellant had to account to respondent from ranch sale proceeds and whether sale exceeded Z$1,500,000. Property sale/accountability – agreement to account from sale proceeds – credibility findings of trial court upheld – written agreement of sale prevails over unproven higher offers – burden of proof on claimant to establish higher sale price.	23 September 2002
Trust Merchant Bank Ltd. v Mako Properties Construction (Pvt) Ltd. t/a Msuna Safaris and Travel (Civil Appeal 259 of 2000; SC 73 of 2002) [2002] ZWSC 73 (16 September 2002) A consolidation order is interlocutory; an appeal requires leave, and absence of leave leads to striking the appeal off the roll. Civil procedure – interlocutory order – appealability – s 43(2)(d) High Court Act – consolidation order – leave to appeal required.	16 September 2002
S v Nyathi (Crim. Appeal 252 of 2001; SC 65 of 2002) [2002] ZWSC 65 (8 September 2002) The applicant’s murder conviction and death sentence upheld; no extenuating circumstances established. Criminal law – Murder – actual intent – extenuating circumstances – credibility of accused’s motive – provocation – sentence (death) upheld.	8 September 2002