Wisdom Mutema & 7 Ors v Zimbabwe Consolidated Diamond Company (Pvt) Ltd

Key Issues

• {"issue_text":"Whether the charges were properly particularized and proved on a balance of probabilities","issue_type":"law","dispositive":"yes","related_facts":"Convictions for connivance not in code; lack of proof of specific theft/fraud; lack of evidence of specific lawful order disobeyed"}
• {"issue_text":"Whether the appeal officer erred in accepting new evidence not part of the disciplinary hearing record","issue_type":"procedural","dispositive":"no (dismissed as procedural)","related_facts":"Evidence of number of diamonds introduced at appeal stage"}
• {"issue_text":"Whether there was evidence to prove willful disobedience to a lawful order","issue_type":"fact","dispositive":"yes","related_facts":"No specific procedure or lawful order outlined by respondent"}
• {"issue_text":"Whether the grounds of appeal were clear and precise","issue_type":"procedural","dispositive":"no (ground 4 struck off)","related_facts":"Ground 4 was vague regarding interpretation of section 2(a)"}

Background