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Supreme Court of Zimbabwe - 2021 April

5 judgments
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5 judgments
Citation
Judgment date
April 2021
S v Zhuwaki (99 of 2021) [2021] ZWSC 99 (9 April 2021)
Late, procedurally defective application for leave to appeal struck off for inordinate delay and misrepresentation.
Criminal procedure – condonation and extension of time to note appeal – Rule 21 Supreme Court Rules 2018 – inordinate delay, failure to explain delay, misrepresentation to court, defective notice of appeal.
 9 April 2021
Big Valley Masters (Private) Limited v Jinwu (24 of 2021) [2021] ZWSC 24 (1 April 2021)
Equity permitted restitution of an unjustly retained loan despite claimant's breach, but interest was not recoverable.
Contract — Joint venture and loan — Unjust enrichment — Equity invoked to require restitution where payer received no benefit — Exceptio non adimpleti contractus not relied upon — Interest inappropriate in equitable restitution judgment
 1 April 2021
Chipangura and 5 Others v Kwekwe City Council and Another (Civil Appeal SC 650 of 2019; SC 27 of 2021) [2021] ZWSC 27 (1 April 2021)
A transfer of employees alone does not amount to a transfer of an undertaking under s16(1) of the Labour Act.
Labour law – transfer of undertaking – s 16(1) Labour Act – ‘undertaking’ requires alienation/transfer as going concern – mere transfer of employees insufficient – substance over form
 1 April 2021
Lungu and Others v RBZ (Civil Appeal SC 548 of 2019; SC 26 of 2021) [2021] ZWSC 26 (1 April 2021)
Failure by a lower court to decide whether employees were covered by a Works Council Agreement warranted remittal for proper factual determination.
Labour law – Works Council Agreement (Sept 2010) – interpretation of "all employees" – burden of proof regarding inclusion in collective agreement – remittal for factual determination – appellate court not to sit as court of first instance.
 1 April 2021
S v Gumbura (25 of 2021) [2021] ZWSC 25 (1 April 2021)
The High Court has inherent and statutory jurisdiction to decide bail pending appeal; deferral to the Supreme Court was irregular.
Criminal procedure — Bail pending appeal — High Court jurisdiction and inherent jurisdiction — s 123(1)(a)(i) Criminal Procedure and Evidence Act — obligation to determine bail application versus deferral to Supreme Court — post-conviction bail principles.
 1 April 2021