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Constitutional Court
WILLMORE MAKUMIRE v MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE & ANOR
CCZ 01/20
Case Details
Court
Constitutional Court
Date
3 July 2019
Citation
CCZ 01/20
Neutral Citation
[2020] ZWCCZ 01
Outcome
unknown
Case Type
Application
Bench
Presiding
MALABA CJ
Full Bench
MALABA CJGARWE JCCMAKARAU JCCGOWORA JCCPATEL JCCGUVAVA JCCMAVANGIRA JCCMAKONI JCCBERE JCC
Areas of Law
Constitutional LawLabour Law
Keywords
Section 93(5a) Labour ActConfirmation of InvalidityEquality before the LawAccess to Courts
Tags
Constitutional ValidityLabour LawEqualityAdministrative Justice
legislation
Statutes Cited
- Labour Act
- 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
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Labour Act
- Labour Act
- Labour Act
- Labour Act
- Labour Act
- Labour (National Employment Code of Conduct) Regulations, 2006
- Labour (National Employment Code of Conduct) Regulations, 2006
- Labour (National Employment Code of Conduct) Regulations, 2006
- Labour (National Employment Code of Conduct) Regulations, 2006
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the question of the constitutionality of section 93(5a) of the Labour Act was properly before the High Court for determination","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant pursued wrong remedies and was not injured by the impugned section"}
- {"issue_text":"Whether section 93(5a) of the Labour Act violates sections 56(1), 68(1) and 69(3) of the Constitution","issue_type":"constitutional","dispositive":"no (not reached due to procedural issue)","related_facts":"The applicant claimed the section afforded employers a remedy not available to employees"}
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background
Facts of the Case
Background
The applicant was dismissed from employment and pursued wrong legal remedies, approaching a labour officer under a provision that did not apply to his case. He subsequently challenged the constitutionality of section 93(5a) of the Labour Act, which he claimed afforded employers a remedy not available to employees. The Constitutional Court found the issue was not properly before the High Court as the applicant was not injured by the impugned section.
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