RONALD KANDEMIRI & ORS v FIRST CAPITAL BANK LIMITED

Judgment No. CCZ 18-25

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Case Details

Court

Constitutional Court

Date

11 November 2025

Citation

Judgment No. CCZ 18-25

Neutral Citation

[2025] ZWCCZ 18

Judgment No.

CCZ 18-25

Outcome

unknown

Case Type

Application

Bench

Presiding

PATEL JCC

Full Bench

MAKARAU JCCGOWORA JCCPATEL JCC

Areas of Law

Constitutional LawLabour LawJudicial Review

Keywords

Direct accessConstitutional interpretationSupreme Court reviewFair labour practicesEquality rightsStatutory interpretation

Key Issues

{"issue_text":"Whether there is a constitutional matter before the Constitutional Court requiring direct access","issue_type":"constitutional","dispositive":"yes","related_facts":"Supreme Court decision on non-constitutional matter"}
{"issue_text":"Whether Supreme Court failed to act in accordance with law by not applying constitutional interpretation","issue_type":"law","dispositive":"yes","related_facts":"Supreme Court's interpretation of Labour Act provisions"}
{"issue_text":"Whether Supreme Court erred in interpreting ss 25A(5) and 12C(1) of Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Statutory interpretation of retrenchment consultation requirements"}

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background

Facts of the Case

Background

Applicants, former employees of First Capital Bank Limited, were retrenched in 2019 following IT systems migration. They challenged the retrenchment process as lacking proper consultation, leading to appeals through Labour Court and Supreme Court. They now seek direct access to Constitutional Court alleging Supreme Court violated their constitutional rights by failing to apply constitutional interpretation to Labour Act provisions.

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