HH 421-8 DELTA BEVERAGES (SORGHUM OPERATIONS) & Anor v EVERSON CHIRAU

DELTA BEVERAGES (SORGHUM OPERATIONS)

and

THE CHAIRPERSON OF THE DISCIPLINARY COMMITTEE N.O

(DELTA BEVERAGES – SORGHUM OPERATION)

versus

EVERSON CHIRAU

 

 

 

HIGH COURT OF ZIMBABWE

DUBE J

HARARE, 24 May 2018 & 18 July 2018

 

 

 

Opposed Matter

 

 

T. Pasirayi, for the applicants

N. Mugiya, for the respondent

 

 

            DUBE: The second applicant seeks to rescind a default order granted against it in terms of r 63.

            The background to this application is as follows. The respondent was employed as a driver salesman at the brewery of the second applicant. Disciplinary proceedings were brought against him on a charge of theft. The allegations were that he sold the second applicant’s product but did not subsequently bank the sales as required. The applicant was served with an application for a declaratory order on 22 November 2017 during the disciplinary hearing. It did not respond to the application. It proceeded with the disciplinary hearing. The respondent was dismissed on 29 November 2017.On 7 February 2018 the respondent obtained an order in default declaring the disciplinary hearing proceedings against him unlawful and wrongful and setting them aside. The default order arose from the fact that the applicants failed to oppose the proceedings for a declarator.     

            Only the first applicant seeks rescission of the default order. Its explanation for the failure to oppose the application goes thus. The application was served on the applicants during the disciplinary hearing. The second applicant failed to forward the application to its legal 

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