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Rules of Construction or Interpretation re: Severability of Statutory Provisions and the In Pari Materia Principle

CC06-15 : ANNA CHIHAVA and BOAS MAPUVA and ZISHE CHIZANI vs THE PROVINCIAL MAGISTRATE FRANCIS MAPFUMO N.O. and THE PROSECUTOR GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and CHIWESHE AJCC

In his book 'Principles of Legal Interpretation - Statutes, Contracts and Wills' 1st Ed...,. E A KELLAWAY..., in reference to the maxim 'in pari materia' the learned author states:“According to Roman-Dutch law, a later enactment not clear as to its meaning, which has analogous provisions with regard to, or clauses ...
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SC54-18 : CITY OF HARARE vs FARAI MUSHORIWA
Ruled By: PATEL JA, UCHENA JA and ZIYAMBI AJA

In the context of the broad powers of review exercisable by the courts, BENNION: Statutory Interpretation…, opines that:“The operation of the doctrine of ultra vires is wider in relation to bylaws than statutory instruments….,. This is because, in relation to by-laws, the courts regard themselves as entitled to examine not ...
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HH37-08 : MOVEMENT FOR DEMOCRATIC CHANGE and MORGAN TSVANGIRAI vs CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and CHIEF ELECTIONS OFFICER, ZIMBABWE ELECTORAL COMMISSION
Ruled By: UCHENA J

The first applicant, the Movement for Democratic Change, is a political party, commonly known as the (“MDC”). It will be referred to as the first applicant. The second applicant, Mr Morgan Tsvangirai, is its President. He was the first applicant's Presidential candidate in the just ended harmonized elections held on ...
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SC43-15 : DON NYAMANDE and KINGSTONE DONGA vs ZUVA PETROLEUM (PRIVATE) LIMITED
Ruled By: CHIDYAUSIKU CJ, GWAUNZA JA, GARWE JA, HLATSHWAYO JA and GUVAVA JA

The wording of section 12(4) of the Labour Act [Chapter 28:01] is so clear that it leaves little room, if any, for misinterpretation. It governs the time periods that apply when employment is being terminated on notice. It stands to reason that the notice periods do not apply when an employee is dismissed....,.Section 12B of ...
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HH768-15 : NAVAL PHASE FARMING PL and BEACH FARMS PL and TAWANDA NYAMBIRAI vs MINISTER OF LANDS AND RURAL RESETTLEMENT and BERNARD MAKOKOVE and STEPHEN CHIURAYI and MALVERN DZVAIRO
Ruled By: CHIGUMBA J

This is a case whose circumstances present the proverbial can of worms or Pandora's Box scenario, which nevertheless must be opened, examined, and adjudicated upon, in the interests of justice. The question that is exercising the mind of the court is this; In what instances would it be proper for this court to exercise its jurisdiction of ...
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Appealed
HH591-18 : CAINOS CHINGOMBE and TENDAI KWENDA vs CITY OF HARARE and MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING and HOSEA CHISANGO N.O. and GEORGE MAKINGS N.O. and CHENAI GUMIRO N.O.
Ruled By: MATHONSI J

Of course, the first and third respondents took a point in limine challenging the jurisdiction of this court to determine this matter on the ground that it is purely a labour dispute to which the Labour Court enjoys exclusive jurisdiction by virtue of the ouster provision contained in section 89(6) ...
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SC177-20 : CAINOS CHINGOMBE and TENDAI KWENDA vs CITY OF HARARE and MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING and HOSEA CHISANGO N.O. and GEORGE MAKINGS N.O. and CHENAI GUMIRO N.O.
Ruled By: GOWORA JA, GUVAVA JA and MAKONI JA

Following their suspension from employment by the first respondent, the appellants, on 2 February 2018, filed an application with the High Court seeking a declaratur to the effect that such suspension was unlawful as well as consequential relief.On 3 October 2018, the High Court dismissed the application with each of ...
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SC161-20 : STANLEY NHARI vs ROBERT MUGABE and DR GRACE MUGABE and GUSHUNGO DAIRY HOLDINGS (PVT) LTD
Ruled By: GARWE JA, MAVANGIRA JA and MAKONI JA

This is an appeal against the judgment of the High Court upholding the special plea by the respondents that the High Court did not have jurisdiction to determine issues of employment and labour law.At the centre of the dispute between the parties, both in the court a quo and before ...
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HH74-16 : TRIANGLE LTD and HIPPO VALLEY ESTATES LTD and MKWASINE ESTATE and THE ZIMBABAWE SUGAR ASSOCIATION EXPERIMENT STATION (PVT) LTD vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS' UNION and OTHERS
Ruled By: MAKONI J

The applicants approached this court seeking a provisional order in the following terms:“TERMS OF FINAL ORDER SOUGHTThat you show cause to this Honourable Court why a final order should not be made in the following terms:1. The 1st respondent, its members, and all other persons acting through it and on ...
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HH842-19 : BARIADIE INVESTMENTS (PVT) LTD vs PUWAYI CHIUTSI and TENDAI MASHAMHANDA and REGISTRAR OF DEEDS and SHERIFF OF THE HIGH COURT OF ZIMBABWE N.O. and ELLIOT ROGERS
Ruled By: CHITAPI J

The applicant prays for an order that Deed of Transfer No.708/19 made in favour of the second respondent should be cancelled and that the prior Deed of Transfer No.8421/2000 in the name of the first respondent, and from which transfer in favour of the second respondent was made should be ...
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SC140-21 : MBCA BANK (PRIVATE) LIMITED (Now known as Nedbank Zimbabwe Limited) vs ZIMBABWE REVENUE AUTHORITY
Ruled By: GUVAVA JA, UCHENA JA and MAKONI JA

This is an appeal against the whole judgment of the Special Court for Income Tax Appeals, dated 28 November 2019, upholding the respondent's amended assessment of tax against the appellant.FACTSThe facts of the case can be summarised as follows;The appellant is a registered Bank in Zimbabwe. It is also a ...
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