Supreme Court of Zimbabwe - 2011 March

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4 judgments

Citation	Judgment date
March 2011
Hlupeni v Unifreight (Pvt) Ltd (Civil Application 233 of 2009; SC 11 of 2011) [2011] ZWSC 11 (30 March 2011) Whether the Supreme Court may determine and quash interrupted Labour Court proceedings and whether a full bench should hear the issue. Labour law – Labour Court proceedings interrupted by death of presiding judge – Whether such proceedings can be quashed – Jurisdiction of Supreme Court to determine statutory lacunae – Appropriateness of full bench determination.	30 March 2011
Filon v Public Service Commission & Another (Civil Application 24 of 2008; SC 8 of 2011) [2011] ZWSC 8 (15 March 2011) Whether leave under s92F must be decided by the full Supreme Court when the Labour Court President is unavailable. Labour Act s92F – leave to appeal – who may grant or refuse leave where Labour Court President unavailable – full bench hearing – preliminary leave and merits argued together.	15 March 2011
Attorney General v Bennet (Crim. Application 116 of 2010; SC 7 of 2011) [2011] ZWSC 7 (9 March 2011) Leave to appeal refused where State failed to prove authenticity of e‑mails and no prima facie case existed. Criminal procedure — discharge at close of State case (s 198(3)) — no discretion where no evidence — admissibility of co‑accused confession (s 259) — electronic evidence authenticity — State’s onus to prove provenance of e‑mails and use of expert forensic evidence — requirement of evidence aliunde to corroborate circumstantial case.	9 March 2011
Moyo and Others v Zvoma and Another (Civil Appeal 62 of 2010; SC 28 of 2010) [2011] ZWSC 28 (9 March 2011) Whether display of marked ballots and the Clerk’s counting of them nullified the Speaker’s secret‑ballot election. Constitutional and parliamentary procedure — Election of Speaker — s 39(2) Constitution and Standing Order 6 require election "by a secret ballot" — exposure of marked ballots before deposit strips secrecy and invalidates those votes — counting invalid (non‑secret) ballots by Clerk can vitiate election; statutory interpretation — peremptory "shall" vs substantial compliance and consequence of non‑compliance; remedies for electoral irregularities.	9 March 2011