HWANGE COLLIERY COMPANY LIMITED vs (1) BENSON NDLOVU (2) ANDREW NDLOVU

LC/H/93/23

Analyze with AI

Case Details

Court

Supreme Court

Date

2 August 2018

Citation

LC/H/93/23

Neutral Citation

None

Outcome

unknown

Case Type

Appeal

Bench

Presiding

BERE JA

Full Bench

GARWE JABHUNU JABERE JA

Areas of Law

Labour LawEmployment LawAdministrative Law

Keywords

Illegal strikeDismissalSelective prosecutionEmployer discretionLabour Court appeal

Key Issues

{"issue_text":"Did the appellant properly exercise its discretion in singling out the respondents for disciplinary action?","issue_type":"law","dispositive":"yes","related_facts":"Selective prosecution of respondents while other strikers were not charged"}
{"issue_text":"Did the appellant properly use its discretion when it dismissed the respondents?","issue_type":"law","dispositive":"yes","related_facts":"Severity of dismissal penalty for admitted misconduct"}
{"issue_text":"Did the appellant have an obligation to lead fresh evidence or file an affidavit to prove the charges that had been admitted?","issue_type":"law","dispositive":"yes","related_facts":"Respondents' guilty pleas and admission of misconduct"}

This summary was generated by AI. Use Zalari to read the full judgment.

background

Facts of the Case

Background

Two employees participated in an illegal strike action from 14-18 October 2013. They were charged under the company's code of conduct, pleaded guilty, and were dismissed. Their internal appeals were dismissed, but the Labour Court upheld their appeals and ordered reinstatement. The employer appealed to the Supreme Court.

Read the full judgment, get AI analysis, and find related cases

Open in Zalari →

Zalari is Zimbabwe and Southern Africa's leading AI-powered legal research platform, built by DeepCounsel and powered by Nyamaropa Technologies. Search Zimbabwe Supreme Court and High Court case law instantly, get AI-generated answers with full source citations, and access the most comprehensive corpus of Zimbabwean and Southern African jurisprudence available online. Zalari is the go-to legal AI platform for attorneys, advocates, law students, judges, and corporate counsel across Zimbabwe and South Africa — delivering faster research, smarter insights, and a competitive edge in legal practice. Zalari does not provide legal advice. Always consult a qualified legal practitioner for advice specific to your situation. © 2026 DeepCounsel — a legal technology company democratising access to legal knowledge in Africa.