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Constitutional Court

Garikai Kamanga v Prince Edward School – SDA

[2019] ZWCCZ 14

Case Details

Court
Constitutional Court
Date
20 August 2019
Citation
[2019] ZWCCZ 14
Judgment No.
CCZ 14/19
Outcome
unknown
Case Type
Application

Bench

Presiding
MALABA CJ
Full Bench
MALABA CJGARWE JCCMAKARAU JCC
Areas of Law
Constitutional LawLabour Law
Keywords
direct accessconstitutional jurisdictionlabour disputeprescriptionfair labour practicesfair hearing
Tags
direct accessconstitutional jurisdictionlabour rights
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment (No. 20) Act 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act 2013
  • Labour Act
  • Prescription Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Does the application raise a constitutional matter suitable for direct access?","issue_type":"constitutional","dispositive":"yes","related_facts":"Labour Court struck confirmation application off roll"}
  • {"issue_text":"Was the Labour Court decision reviewable by way of direct access?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant sought to challenge Labour Court order"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant, a former teacher, sought direct access to the Constitutional Court alleging breach of his constitutional rights after the Labour Court struck off the roll his application to confirm an arbitral award in his favour. The Labour Court had upheld a prescription plea. The applicant claimed violations of his rights to fair labour practice and fair hearing.
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