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Harare High Court
Jacob Kotze Carstens v Edward Mark Warhurst N.O. and Rolldice Mining Services (Private) Limited and Master of the High Court and Minister of Mines and Mining Development N.O. and Fidelity Printers and Refiners (Pvt) Ltd
HH 320-21
Case Details
Court
Harare High Court
Date
16 June 2021
Citation
HH 320-21
Neutral Citation
[2021] ZWHH 320
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Musithu J
Full Bench
Musithu J
Areas of Law
Commercial LawMining LawLabour LawCompany Law
Keywords
Judicial ManagerMining CompanyDisciplinary HearingInterdictShareholder Dispute
Tags
MiningJudicial ManagementInterdictLabour Relations
legislation
Statutes Cited
- Labour (National Employment Code of Conduct) Regulations
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the urgent application was overtaken by events","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's dismissal during pendency of application"}
- {"issue_text":"Whether legal practitioner breached undertaking to preserve status quo","issue_type":"ethical/professional","dispositive":"no","related_facts":"Proceeding with disciplinary hearing after undertaking given"}
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background
Facts of the Case
Background
The applicant, a Chief Mining Engineer and shareholder in Rolldice Mining Services (Private) Limited, sought an urgent interdict against the first respondent who was the judicial manager of the company. The applicant claimed the judicial manager was taking unlawful steps to evict him from company premises and suspend him from employment while a disciplinary hearing was scheduled.
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