harare high court

WOMEN IN LAW IN SOUTHERN AFRICA TALENT FORGET versus MINISTER OF HEALTH AND CHILD CARE and ORS

Introduction

Termination of pregnancy in Zimbabwe is controlled by statute.  This is a constitutional application in respect of which the applicants seek to persuade the court to outlaw or read in to the definition of “unlawful intercourse” contained in s 2(1) of the Termination of Pregnancy Act [Chapter 15:10] hereinafter referred to as the “Act” to allow children below the age of 18 and married women, who are victims of marital rape to have access to legal abortion as provided for in terms of s 4 of the Act.

PRINCE DUBEKO SIBANDA AND OTHERS V SPEAKER OF PARLIAMENT AND OTHERS

In addition, the applicants admitted that they had no cause of action against the second and third respondents. Unfortunately, it was well after those respondents had been needlessly dragged into legal expenses. I doubt that the concessions would assuage their financial bruises. The court cannot however ignore the apology tendered by Ms. Ndlovu on behalf of all the applicants and which appeared to have been well received by the respondents. It mitigates whatever turpitude had been occasioned.

HH 152-23 Duncan H. Cocksedge V CABS and The Reserve Bank of Zimbabwe & The Minister of Finance and Economic Development

This is an application which, in the main, seeks an order adpecuniam solvendam. In other words, the claim is for the first respondent (hereinafter called “CABS”) to pay to the applicant the sum of US$179, 541-45 within seven (7) days from the date of the order, plus 5% percent interest on the aforesaid sum from 5 December 2016 to date of payment.

Zimbabwe Media Commission: High Court stops Accreditation of Online Content Providers

In a judgment dated 3rd June [first document downloadable below] Justice Zhou granted an interim interdict stopping the Zimbabwe Media Commission [ZMC] stopping the Zimbabwe Media Commission from proceeding with accreditation of media practitioners represented by ZOCC [the Zimbabwe Online Content Providers Trust] on the basis of the new categories for accreditation introduced through the Commission’s press statement ZMC04/2020 of Thursday 21st May 2020 [second

HH 287-20 The Stone-Beattie Studio v CABS, RBZ and Minister of Finance

ZHOU J: This is an application for an order that the first respondent pays a sum of US$142 000.00 together with interest thereon at the rate of five percent per annum from 28 November 2016 to the date of payment within seven days from the date of this order. In the alternative, the applicant asks that the first and second respondents be ordered to pay the said sum of money jointly and severally the one paying the other to be absolved. The further alternative relief is for the Exchange Control Directive No.

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,

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