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Supreme Court of Zimbabwe - 2005 October

4 judgments
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4 judgments
Citation
Judgment date
October 2005
Musarira v Anglo American Corporation (Civil Appeal 146 of 2004; SC 53 of 2005) [2005] ZWSC 53 (23 October 2005)
Internal disciplinary enquiries governed by a Code do not confer an absolute right to legal representation; no bias found and concealment conviction upheld.
Employment law – internal disciplinary enquiries – bias – investigator vs hearing officer – procedural fairness; right to legal representation – no absolute right at domestic disciplinary hearings; Code of Conduct governs representation; concealment of business irregularity – conviction upheld.
 23 October 2005
Redstar Wholesalers v Mabika (Civil Appeal 271 of 2004; SC 52 of 2005) [2005] ZWSC 52 (23 October 2005)
Back-pay runs to the reinstatement date; damages limited to a reasonable job-search period at the reinstatement salary rate.
Labour law – reinstatement with retrospective effect – back-pay payable to date of reinstatement; Wrongful dismissal – quantum of damages based on reasonable job search period and evidential foundation; Salary rate for damages – rate operative at reinstatement date; Post-reinstatement benefits introduced later not payable as contractual back-pay; Court’s power to call evidence (s 89(2)(a)(i)) to determine damages.
 23 October 2005
S v Vhera (Crim. Appeal 86 of 2005; SC 56 of 2005) [2005] ZWSC 256 (23 October 2005)
Appeal dismissed: murder conviction and death sentence upheld where premeditation proven and no extenuating circumstances.
Criminal law – Murder – Premeditation and lying in wait – No extenuating circumstances or provocation where ample time elapsed between earlier assault and killing – Death sentence upheld.
 23 October 2005
Wattle Company (Pvt) Ltd. v Vumisani and Others (Civil Appeal 271 of 2001; SC 50 of 2005) [2005] ZWSC 50 (16 October 2005)
Where unlawful collective job action is proved, termination follows automatically and the labour relations officer must order dismissal.
Labour relations — Regulations SI 371/85 s 3(2)(a) — unlawful collective job action — once grounds of suspension proved, labour relations officer must terminate employment — no discretion to reinstate; procedural irregularity (incorrect addressee) does not prevent operation of automatic termination.
 16 October 2005