Supreme Court of Zimbabwe - 2005 March

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3 judgments

Citation	Judgment date
March 2005
Khumalo v Zibagwe Rural District Council (Civil Appeal 270 of 2003; SC 21 of 2005) [2005] ZWSC 21 (23 March 2005) If misconduct is proved the Labour Relations Officer must authorise dismissal; no mitigation discretion. Labour law — Termination under Regulations — s 3(2) Labour Relations (Termination of Employment) Regulations 1985 — No discretion for mitigation once misconduct proved — Reinstatement vs authorisation to dismiss — Cross‑appeal requirement.	23 March 2005
Mugoni v Beverley Building Society and Others (Civil Appeal 210 of 2003; SC 34 of 2005) [2005] ZWSC 34 (21 March 2005) Applicant's challenge to execution sale dismissed; alleged procedural non‑compliance was a factual issue not raiseable on appeal. Civil procedure — Execution and sale in execution — High Court Rules 348, 348A, 359 — procedural compliance and objections — raising factual non‑compliance on appeal — necessity to adduce further evidence — transfer to purchaser — sale not impeachable absent bad faith or fraud.	21 March 2005
Attorney-General v Steyl and Others (Crim Appeal 57 of 2005; SC 11 of 2005) [2005] ZWSC 11 (15 March 2005) Leave granted for the applicant to appeal the High Court's suspension of custodial sentences imposed on foreign nationals. High Court Act s44(7) – Attorney-General's right to appeal sentence; appellate interference with sentence – manifest excessiveness v misdirection; suspension of sentence for foreign nationals; prospects of success for leave to appeal.	15 March 2005