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Citation
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Judgment date
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| February 2017 |
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The applicant's murder conviction and death sentence were upheld; no extenuating circumstances found.
Criminal law – murder with actual intent – accomplice evidence and corroboration – participation in staged arrest, diversion and disposal – vicarious/ shared culpability – absence of extenuating circumstances; death sentence upheld.
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28 February 2017 |
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Leave to appeal granted where lower court misinterpreted r 18 requiring prior leave to sue the President in the High Court.
Civil procedure – High Court Rules r 18 – leave required to sue the President in the High Court – purpose to prevent frivolous/vexatious litigation – Zimbabwe Lawyers for Human Rights distinguishes Supreme Court original jurisdiction (s 24) from High Court procedure – State Liabilities Act s 4 complementary to r 18 – condonation requires application, cannot be granted mero motu.
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27 February 2017 |
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A magistrate's definitive finding on a party's competence to sue is res judicata until set aside by appeal or review.
Civil procedure – res judicata – magistrate's definitive finding on competence to sue; locus standi – competence to institute eviction proceedings; appellate jurisdiction – limits of High Court as court of first instance; application proceedings – requirement to determine material disputes of fact before granting relief.
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27 February 2017 |
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Bail upheld: State failed to prove respondent likely to commit similar offences or that fliers amounted to treason.
Criminal law – Bail pending trial – Propensity to commit similar offences – Distinction between treason (s 20 Criminal Code) and POSA offence (s 19 POSA) – Onus and interference with discretionary bail decisions.
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26 February 2017 |
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The respondent failed to prove it sold the buses to the appellant; appeal allowed and claim dismissed with costs.
Contract of sale — identity of contracting parties — distributorship and agency — cash cover/security agreements vs sale agreements — onus of proof in civil claim — necessity to call key witnesses — appeal overturning trial credibility findings.
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23 February 2017 |
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Grounds of appeal must be concise; failure to comply authorises striking the appeal off the roll.
Civil procedure — Appeals — Notice of appeal — Grounds of appeal must be set out concisely and in separate numbered paragraphs (rr 29(1)(d), 32(1)); non-compliance renders appeal defective — Preliminary objections — r 41 notice proper means to raise objection; no requirement for court application — Appeal struck off roll with costs.
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20 February 2017 |
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Claimant failed to prove ownership of attached goods; onus rests on claimant when goods are attached at judgment debtor’s domicilium.
Civil procedure – interpleader; onus of proof where movables attached in judgment debtor's possession; possession raises presumption of ownership; domicilium citandi et executandi – service and attachment at chosen address.
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16 February 2017 |
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A court may not interdict a constitutionally mandated appointment process based on a mere intent to amend the Constitution.
Constitutional law – Judicial appointments – s180 (Constitution) – Whether courts may interdict a constitutional body performing constitutionally mandated interviews – Rule of law and separation of powers – Effect of intended executive amendment on operation of existing constitutional provisions.
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13 February 2017 |
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A freely signed retrenchment agreement and indemnity preclude subsequent claims to increased retrenchment benefits.
Labour law – retrenchment agreements – full and final settlement clauses – validity of indemnity – acceptance of contractual benefits precluding later claims – discretionary goodwill gestures not creating contractual entitlement.
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13 February 2017 |
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Whether a Labour Officer had jurisdiction to conciliate was a substantive legal issue that had to be decided before any merits determination.
Labour law – jurisdiction of Labour Officer under s101(5) – arbitrator’s duty to determine jurisdiction before merits – distinction between procedural review points and substantive jurisdictional issues – consequences of premature referral to conciliation/arbitration.
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10 February 2017 |
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A lease with an option to buy is not an instalment sale; s8(2) notice under the Contractual Penalties Act was unnecessary before termination.
Contract construction — lease with option to purchase vs instalment sale; admission of non-payment and rent default as breach; Contractual Penalties Act s8(2) inapplicable to leases with option to buy; cancellation and eviction upheld.
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9 February 2017 |
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2 February 2017 |
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An appeal under s98(10) is governed by s92E(2): noting an appeal does not suspend an arbitral award, so dirty hands did not bar the appeal.
Labour law – Appeals under s98(10) – s92E(2) governs effect of noting appeal – noting an appeal does not suspend arbitral awards; Dirty hands doctrine – does not compel compliance with award before appeal where statute so provides; Registration and enforcement of arbitral awards – interplay with appeal rights.
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2 February 2017 |