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Harare High Court

Shadreck Moyo and 13 Others v Central Africa Batteries (Pvt) Ltd

HH 529-23

Case Details

Court
Harare High Court
Date
19 September 2023
Citation
HH 529-23
Neutral Citation
[2023] ZWHH 529
Outcome
unknown
Case Type
Application

Bench

Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Labour lawConstitutional law
Keywords
Terminal benefitsConstitutional violationPrescriptionQuantificationDeclaratory order
Tags
Constitutional rightsTerminal benefitsQuantificationPrescription
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Labour Relations Act
  • Prescription Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the High Court has jurisdiction to hear a constitutional application relating to labour matters","issue_type":"procedural","dispositive":"no","related_facts":"The application seeks declaratory orders for constitutional violations"}
  • {"issue_text":"Whether the matter is res judicata","issue_type":"procedural","dispositive":"no","related_facts":"Multiple previous court proceedings on the same dispute"}
  • {"issue_text":"Whether the claim has prescribed","issue_type":"procedural","dispositive":"no","related_facts":"The cause of action arose in 1998"}
  • {"issue_text":"Whether the respondent violated the applicants' constitutional rights","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicants allege refusal to pay terminal benefits violates constitutional rights"}
  • {"issue_text":"Whether the applicants are entitled to compensation for constitutional violations","issue_type":"constitutional","dispositive":"yes","related_facts":"No evidence of constitutional violations proven"}
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background
Facts of the Case

Background

The applicants, former employees of the respondent, were dismissed in 1998 after participating in a collective job action. They have been involved in prolonged litigation for over 20 years seeking payment of terminal benefits. After multiple unsuccessful court proceedings, they approached the High Court seeking declaratory orders alleging violation of their constitutional rights.
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