Supreme Court of Zimbabwe - 2019 October

3 judgments
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3 judgments
Citation
Judgment date
October 2019
Trial court’s failure to assess key witness credibility rendered fraud conviction unsafe; appeal allowed and accused acquitted.
Criminal law — Fraud — Whether State proved misrepresentation of authority to sell mining concession — Credibility of witnesses — Trial court’s duty to assess and record credibility findings — Appellate reassessment where trial court fails to make credibility findings.
24 October 2019
Spoliation order affirmed on merits; punitive costs set aside for lack of justification, ordinary costs substituted.
Spoliation relief – peaceful and undisturbed possession – unlawful dispossession – consent court order effect; Civil procedure – urgency and exercise of judicial discretion; Evidence – material disputes of fact and improbability of respondent’s version; Costs – legal practitioner and client (punitive) scale requires express justification and reasons.
22 October 2019
A labour officer lacks jurisdiction to rehear completed disciplinary determinations under a registered employment code; appeals must follow statutory route.
Labour law — jurisdiction of labour officers under s 93 — limits to conciliation/first-instance disputes — registered employment codes (S.I.15/2006 s 8(6)) — ss 101(5)(6) Labour Act — appellate vs conciliatory functions — nullity of proceedings.
3 October 2019