This is an application for leave for direct access to the court made in terms of s 167(5) of the Constitution (“the Constitution”), as read with r 21(2) and (3) of the Constitutional Court Rules, 2016 (“the Rules”). The application is opposed. More
The facts of this matter are largely common cause. The applicant was employed by the respondent as a personal assistant to the Managing Director, Transport Division. By letter dated 15 June 2009, the applicant was notified that the respondent had restructured its divisions to avoid going into insolvency and that the restructuring had resulted in the abolishment of her post. Consequent thereto, she was offered two options, viz: a retrenchment package or alternatively, placement on garden leave pending redeployment to any other available post within the respondent. Altogether, the exercise affected nine other employees in the respondent’s transport division whose... More
After perusing documents filed of record and hearing counsel, the unanimous decision of the Court was that the matter be dismissed with costs on a legal practitioner and client scale. More
This is a purported appeal against the whole judgment of the Supreme Court (“the court a quo”) setting aside a decision of the High Court which had nullified an audit report authored by the second respondent at the instance of the first respondent. The High Court had found that the second respondent was an administrative authority for purposes of the Administrative Justice Act [Chapter 10:28] (“the Administrative Justice Act or simply the AJA”) and that the audit report it had produced was consequently reviewable. The Court further found that the report was not only biased but that the auditors who... More
By reason of an allegation by the applicant of a breach of his fundamental right enshrined in s 56(1) of the Constitution, this application gained direct access to the Constitutional Court (“the Court”) through the front door, which is s 85 (1) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”). More
