harare high court

HH 605-2019 Mlilo v Minister of Finance & Economic Development - Judgment by Zhou J invalidating SI 205/2019 re Intermediated Money Transfer Tax as unconstitutional - 18 September 2019

In this important judgment Justice Zhou decided that both SI 205/2018 [changing the rate and incidence of the Intermediated Money Transfer Tax] and the policy decision it gave effect to [as stated in the Minister's Supplementary Budget Presentation on 1st August 2019] were inconsistent with the Constitution and therefore void of legal effect.  He cited inconsistency with section of the Constitution 134(a) - which bars Parliament from delegating its primary law-making power - and the constitutional principle of Separation of Powers.

HH 416-18 THE STATE versus ELIZABETH KALENGA

THE STATE

versus

ELIZABETH KALENGA

 

 

 

HIGH COURT OF ZIMBABWE

CHITAKUNYE & MUSAKWA JJ

HARARE, 13 July 2018

 

Criminal Review

 

CHITAKUNYE J. The above case came to my attention through a Newspaper article headlined “Student Nurse jailed for using forged papers”. The article informed everyone who cared to read that a woman who used false documents to secure admission as a trainee nurse was jailed for 15 months.

HH 405-18 GOMBE RESOURCES (PRIVATE) LIMITED versus THE PROVINCIAL MINING DIRECTOR, MASHONALAND CENTRAL and Ors

GOMBE RESOURCES (PRIVATE) LIMITED

versus

THE PROVINCIAL MINING DIRECTOR,

MASHONALAND CENTRAL

and

DAKOTA MINING (PRIVATE) LIMITED in liquidation

and

GLENEGG INVESTMENTS (PRIVATE) LIMITED

and

AXIS CAPITAL CORPORATION

 

 

HIGH COURT OF ZIMBABWE

MUREMBA J

HARARE, 25 January 2018 & 11 July 2018

 

 

Opposed application

 

R.G. Zhuwarara, for the applicant

F Chingwere, for the 1st respondent

HH 403-18 POMELO MINING (PVT) LTD versus ANNANDALE TRUST and Anor

POMELO MINING (PVT) LTD

versus

ANNANDALE TRUST

and

ADDINGTON BEXLEY CHIKOMBORERO CHINAKE N.O

 

 

HIGH COURT OF ZIMBABWE

MUZOFA J

HARARE, 3 July, 2018 and 11 July 2018

 

 

Urgent Chamber Application

 

Mr Nyapandi, for the applicant

Mr Madya, for the respondents

 

            MUZOFA J: In this urgent chamber application, the applicant seeks an interim order in the following terms that,

HH 396-18 NELSON MAUREDE AND ORS versus TREGER PRODUCTS (PVT) LTD

NELSON MAUREDE AND 16 OTHERS

versus

TREGER PRODUCTS (PVT) LTD

 

 

 

HIGH COURT OF ZIMBABWE

MANGOTA J

HARARE 19 February 2018 & 6 July 2018

 

 

Opposed Application

 

 

B Makururu, for the applicants

J Samukange, for the respondent

 

 

            MANGOTA J: I dealt with this application on 19 February, 2018. I delivered

an ex tempore judgment in which I dismissed it with costs.

HH 391-18 MORBIMAN INVESTMENTS (PVT) LTD versus HASHMON MATEMERA

MORBIMAN INVESTMENTS (PVT) LTD

versus

HASHMON MATEMERA

 

 

HIGH COURT OF ZIMBABWE

DUBE J

HARARE, 31 May 2018 & 4 July 2018                                                                                                                                                                                                                                                                                              

 

 

Trial

 

T. A Chamutsa, for the plaintiff

HH 385-18 NATIONAL SOCIAL SECURITY AUTHORITY versus CITY OF MUTARE

NATIONAL SOCIAL SECURITY AUTHORITY

versus

CITY OF MUTARE

 

 

HIGH COURT OF ZIMBABWE

CHIKOWERO J

HARARE, 15 June 2018 & 4 July 2018

 

Special plea of prescription

 

J.R Tsivama, for the plaintiff

Advocate F Chinwawadzimba, for the defendant

 

 

            CHIKOWERO J: The real issue for determination is whether the plaintiff is seeking a declarator.

HH 384-18 HOLBUD LIMITED versus GRAIN MARKETING BOARD

HOLBUD LIMITED

versus

GRAIN MARKETING BOARD

 

 

HIGH COURT OF ZIMBABWE

MANGOTA J

HARARE, 29 March, 2018 and 3 July, 2018

 

 

Opposed application

 

 

J. Samukange, for the applicant

K. Kachambwa, for the respondent

 

            MANGOTA J: I heard this application on 29 March, 2018. I disposed of the same by way of an ex tempore judgment in which I dismissed it with costs.

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