Gibson Mukanyi v Coblem Enterprises (Pvt) Ltd t/a Roadgrip

Key Issues

• {"issue_text":"Whether the NEC Motor Industry misdirected itself by not recognizing that the Appellant was not heard on 24 July 2019.","issue_type":"fact","dispositive":"yes","related_facts":"Appellant’s absence at 11:30 am, no notification of delay, hearing proceeded in absence"}
• {"issue_text":"Whether the Appellant waived his right to be heard by failing to attend the rescheduled disciplinary hearing.","issue_type":"mixed","dispositive":"yes","related_facts":"Request for adjournment, failure to appear, no communication of delay"}
• {"issue_text":"Whether the NEC failed to consider inconsistencies in the Respondent’s documents and submissions.","issue_type":"fact","dispositive":"no","related_facts":"Alleged inconsistency in timing of hearing completion"}
• {"issue_text":"Whether new issues were improperly raised on appeal that were not before the NEC Disciplinary Committee.","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant’s inability to produce record of NEC proceedings"}

Background