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Constitutional Court

Unifreight Africa Limited (Formerly Pioneer Corporation Africa Limited) v Emily Mashinya

CCZ 13/24

Case Details

Court
Constitutional Court
Date
17 September 2024
Citation
CCZ 13/24
Neutral Citation
[2024] ZWCCZ 13
Outcome
unknown
Case Type
Application

Bench

Presiding
PATEL JCC
Full Bench
MAKARAU JCCHLATSHWAYO JCCPATEL JCC
Areas of Law
Constitutional LawLabour LawAdministrative Law
Keywords
Direct AccessEqual ProtectionSI 33 of 2019Exchange RateDamagesEmployment
Tags
Direct AccessConstitutional ChallengeSupreme Court Decision Review
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Finance (No. 2) Act 2019
  • Presidential Powers (Temporary Measures) Act
  • Reserve Bank Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether it is in the interests of justice to grant direct access to the Constitutional Court to challenge the Supreme Court's decision on a non-constitutional matter.","issue_type":"procedural","dispositive":"yes","related_facts":"Application for direct access under s 167(5) of the Constitution."}
  • {"issue_text":"Whether the Supreme Court violated the applicant's right to equal protection and benefit of the law under s 56(1) of the Constitution by ordering damages to be paid at the interbank rate.","issue_type":"constitutional","dispositive":"yes","related_facts":"Calculation of damages for unlawful dismissal in the context of SI 33 of 2019."}
  • {"issue_text":"Whether damages in lieu of reinstatement should be calculated from the date of wrongful dismissal or the date of quantification for the purpose of applying S.I. 33 of 2019.","issue_type":"law","dispositive":"yes","related_facts":"The dismissal occurred before the effective date; quantification occurred after."}
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background
Facts of the Case

Background

The applicant, Unifreight Africa Limited, seeks direct access to the Constitutional Court to challenge a Supreme Court order requiring it to pay damages for unlawful termination of employment at the prevailing interbank rate. The applicant argues this violates its right to equal protection of the law, contending the damages should have been calculated at the one-to-one parity rate under SI 33 of 2019 because the dismissal occurred before the regulation's effective date.
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