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Cause of Action and Draft Orders re: Effect of Ex Post Facto Legislation and the Doctrine of Retrospectivity

HHH141-11 : THE STATE vs MAXWELL MAPANZURE and KILLION MUWUYA
Ruled By: KUDYA J and CHITAKUNYE J

The present review judgment deals with the issue of whether section 114(2)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] has retrospective effect.The section first appeared in the present format as section 12A of the Stock Theft Act [Chapter 9:18] before the Stock Act was repealed by the ...
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CC06-17 : GLENS REMOVAL AND STORAGE ZIMBABWE (PRIVATE) LIMITED vs PATRICIA MANDALA
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and GUVAVA JCC

DOES SECTION 69(3) OF THE CONSTITUTION RENDER UNCONSTITUTIONAL PARATE EXECUTIE?The issue of whether section 69(3) of the Constitution renders parate executie unconstitutional, of necessity raises the issue of whether or not section 69(3) of the Constitution has retroactive effect and applies to the clause of parate executie that was entered ...
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CC02-18 : GREATERMANS STORES (1979) PL t/a THOMAS MEIKLES STORES and MEIKLES HOSPITALITY PL vs THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and THE ATTORNEY-GENERAL
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and UCHENA JCC

This case raises for determination questions of the constitutionality of civil legislation's retrospective effect.The applicants are companies duly incorporated in terms of the laws of Zimbabwe. They made an application to the Court in terms of section 85(1)(a) of the Constitution of Zimbabwe Amendment (No.20) Act (“the Constitution”). They alleged ...
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CC02-18 : GREATERMANS STORES (1979) PL t/a THOMAS MEIKLES STORES and MEIKLES HOSPITALITY PL vs THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and THE ATTORNEY-GENERAL
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and UCHENA JCC

PRESUMPTION AGAINST RETROSPECTIVITYThere is a principle of construction of statutes which has been adhered to with great strictness by the courts in deciding whether a statute is or is not retrospective in effect.It is to the effect that laws by which human action is to be regulated look forward not ...
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CC02-18 : GREATERMANS STORES (1979) PL t/a THOMAS MEIKLES STORES and MEIKLES HOSPITALITY PL vs THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and THE ATTORNEY-GENERAL
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and UCHENA JCC

RETROSPECTIVITY AND FUNDAMENTAL HUMAN RIGHTSRetrospectivity is a ground for holding civil legislation invalid only if it contravenes one of the provisions of the Constitution which enshrine fundamental human rights and freedoms.One of the grounds on which the alternative case was advanced by the applicants for the alleged unconstitutionality of the ...
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CC02-18 : GREATERMANS STORES (1979) PL t/a THOMAS MEIKLES STORES and MEIKLES HOSPITALITY PL vs THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and THE ATTORNEY-GENERAL
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and UCHENA JCC

The applicants were treated differently from the employees whose contracts they terminated on notice because of the consequences of their actions of terminating the employees' contracts on notice without paying them compensation for loss of employment.The right to terminate employees' contracts on notice exercised on or after 17 July 2015 ...
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SC17-20 : ERASMUS GUDZA vs CITY OF HARARE
Ruled By: HLATSHWAYO JA, GUVAVA JA and CHIWESHE AJA

This is an appeal against the entire judgment of the Labour Court handed down on 14 December 2012 under case number LC/REV/H/86/2011 wherein the appellant's application for review was dismissed for lack of merit.The facts that have a bearing on this matter are as follows:The appellant was employed by the ...
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SSC71-21 : TUNGAMIRAI MADZOKERE and YVONE MUSARURWA and LAST MAENGAHAMA and PHINEAS NHATARIKWA vs THE STATE
Ruled By: GWAUNZA DCJ, MAKARAU JA and MAVANGIRA JA

This is an appeal against the judgment of the High Court sitting at Harare, handed down on 12 December 2016.In the judgment, the court a quo found the first three appellants guilty of murder and the fourth appellant guilty as an accessory after the fact, of public violence.The first three ...
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SC91-21 : ELPHAS MAPHISA vs CITY OF BULAWAYO
Ruled By: GUVAVA JA, UCHENA JA and CHITAKUNYE AJA

This is an appeal against the whole judgment of the High Court Bulawayo, dated 23 July 2020, which dismissed the appellant's appeal against the decision of the Magistrate's Court granting the respondent summary judgment against him.BACKGROUND FACTSThe appellant is the owner of a residential property known as Number 18 Pingstone ...
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Appealed
SC98-21 : M COMPANY (PRIVATE) LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: HLATSHWAYO JA, GUVAVA JA and GOWORA JA

This is an appeal against the whole judgment of the Fiscal Appeal Court handed down on 1 November 2016 under judgment number HH661-16 of case number FA08/14, in terms of which the court handed down judgment in favour of the respondent.The appellant seeks relief in the following terms:“WHEREFORE Appellant prays ...