|
|
|
| February 2004 |
|
|
Post‑judgment sale of land to manufacture fresh evidence cannot justify admitting it or defeating a validated acquisition.
Land acquisition; leave to adduce fresh evidence on appeal; post‑judgment fabrication of evidence; remittal inappropriate where decision rests on independent findings; resettlement necessity evidence
|
29 February 2004 |
|
Tribunal’s reinstatement of the respondent was set aside—dismissal for assault was not grossly unreasonable.
Labour law – disciplinary dismissal for assault – standard of review on appeal: Wednesbury unreasonableness/irrationality – procedural irregularities – provocation not a defence to assault – reinstatement refused
|
22 February 2004 |
|
A suspended employee who accepts other employment repudiates the original contract; back-pay is part of damages.
Labour law – suspension versus dismissal – acceptance of employment while suspended amounts to repudiation – back-pay forms part of damages – duty to mitigate
|
13 February 2004 |
|
An appellant who flees jurisdiction and fails to justify absence is a fugitive and loses locus standi to appeal.
Criminal procedure — fugitivity — effect of leaving jurisdiction while on bail — adequacy of medical and safety claims to excuse non‑return — locus standi to prosecute appeal
|
11 February 2004 |
|
Appeal dismissed: Tribunal's disciplinary findings reasonable; presiding officer competent; procedural complaints were belated.
Labour law – disciplinary proceedings – constitution of disciplinary panel; procedural fairness (notice, witnesses) – appellate standard of review: misdirection on facts/gross unreasonableness test
|
11 February 2004 |
|
High Court properly refused bail pending appeal based on legal duty to arrest and risk of absconding; appeal dismissed.
Bail pending appeal — prospects of success on appeal — duty of peace officers under s 25(2)(c) Criminal Procedure and Evidence Act to arrest persons concerned in offences committed outside Zimbabwe — risk of absconding as ground for refusing bail — consideration of prospects of success on sentence
|
1 February 2004 |