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Rules of Construction or Interpretation re: Approach

Appealed
SC10-12 : DANISO WAKATAMA and IVORY MATANHIRE and JAPHET KABANGA and BINDURA MUNICIPALITY vs TINASHE MADAMOMBE
Ruled By: ZIYAMBI JA, GARWE JA and CHEDA JA

I am inclined to agree with the remarks by the court a quo that: “The provisions of s103(2) are peremptory and in the absence of a cogent argument as to why council should not comply with the said provision I am unable to find that s89 applies in the removal of a mayor from office.”
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SC25-11 : KDB HOLDINGS (PVT) LTD vs MEDICINES CONTROL AUTHORITY OF ZIMBABWE
Ruled By: GARWE JA, CHEDA AJA and OMERJEE AJA

The courts generally try to give effect to legislative intention.
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SC27-09 : CLAUDIUS MURAWO vs GRAIN MARKETING BOARD
Ruled By: SANDURA JA, CHEDA JA and GWAUNZA JA

This is an appeal against a judgment of the Labour Court which dismissed an appeal by the appellant (“Murawo”) against the termination of his contract of employment by the respondent, the Grain Marketing Board (“the GMB”).The background facts are as follows:Murawo was employed by the GMB as a Safety, Health ...
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SC00-89 : ART CORPORATION LTD vs MOYANA
Ruled By: GUBBAY JA, McNALLY JA and MANYARARA JA

This is a labour dispute between the parties. A brief history of the matter is as follows:The appellant (the Corporation) employed the respondent (Mr Moyana) on 20 October 1980 as a Marketing Executive. The contract was a simple one, providing that his functions were to be assigned to him from ...
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HH27-08 : EDSON NYAMAPFENI vs CONSTITUENCY REGISTRAR MBERENGWA EAST and ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE and DOUGLAS MOMBESHORA and CLEVER KUGOTI
Ruled By: UCHENA J

The appellant and the fourth and fifth respondents are aspiring Parliamentary candidates. The appellant's nomination papers were rejected while those of the fourth and fifth respondents were accepted by the first respondent.The second respondent is the Electoral Commission responsible for conducting elections in Zimbabwe. The third respondent is the Minister ...
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HH38-08 : IAN MAKONE vs MOVEMENT FOR DEMOCRATIC CHANGE (MDC) and CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and REGISTRAR-GENERAL OF VOTERS
Ruled By: UCHENA J

The first applicant is a nominated Parliamentary candidate for the Movement For Democratic Change, the (“MDC”). He will stand for the Goromonzi West House of Assembly constituency seat in Mashonaland East Province. The second applicant is the Movement for Democratic Change, a political party which fielded candidates for the Presidential, ...
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HH46-08 : PATRICK CHABVAMUPERU and OHERS vs EDMOND JACOB and OTHERS
Ruled By: MAKARAU JP

The hearing of argument on the preliminary points arising from this election petition was consolidated with hearings in seven other cases as the issues raised in all eight petitions were similar to a large extent and may very well call for the application of the same legal principle.In three of ...
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SC11-12 : JESTINA MUKOKO vs THE ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

This case is about a permanent stay of a criminal prosecution because of torture and inhuman and degrading treatment to which the applicant was subjected by State security agents prior to being brought to Court on a criminal charge.Jestina Mukoko (hereinafter referred to as (“the applicant”) appeared before a magistrate ...
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HH11-08 : ALBERT MUGOVE MATAPO vs COMMANDER OF THE ZIMBABWE NATIONAL ARMY AND THREE OTHERS
Ruled By: HUNGWE J

Section 2(2) of the Defence (Regular Force) (Non-Commissioned Members) Regulations, Statutory Instrument 172 of 1989 states that any other term used in the Defence (Regular Force) (Non-Commissioned Members) Regulations, Statutory Instrument 172 of 1989 that is defined in the Defence Act [Chapter 11:02] shall be so defined in the Defence (Regular Force) (Non-Commissioned Members) Regulations, ...
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HH23-12 : AUSTIN ZVOMA vs LOVEMORE MOYO N.O. and NOMALANGA KHUMALO N.O .and BRIAN TSHUMA N.O. and SHEPPARD MUSHONGA N.O. and EDNA MADZONGWE N.O. and WILLIAS MADZIMURE N.O. and LYNETTE KARENYI N.O.
Ruled By: BERE J

On 12 December 2011, the applicant filed an application in this court under Case No. HC12336/11 seeking a prohibitory interdict against the respondents.The remedy sought was to prevent the respondents from moving or accepting any motion from any member of the House of Assembly to dismiss the applicant without the ...
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Appealed
SC28-10 : JONATHAN MOYO and MOSES NDLOVU and PATRICK DUBE and SIYABONGA NCUBE vs AUSTIN ZVOMA N.O., CLERK OF PARLIAMENT and LOVEMORE MOYO
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

CHIDYAUSIKU CJ: This is an appeal against the judgment of the High Court wherein PATEL J dismissed the appellants' application to have set aside the election of the second respondent as the Speaker of Parliament (hereinafter referred to as "the Speaker").The appellants, as the applicants in the court a quo, ...