WILLMORE MAKUMIRE v MINISTER OF PUBLIC SERVICE, LABOUR & SOCIAL WELFARE and ATTORNEY GENERAL OF ZIMBABWE

Key Issues

• {"issue_text":"Whether section 93(5a) of the Labour Act is constitutional","issue_type":"constitutional","dispositive":"yes","related_facts":"The provision only allows Labour Officers to approach the Labour Court when ruling against employers, not employees, creating inequality"}
• {"issue_text":"Whether section 8(3) of the national employment code of conduct is constitutional","issue_type":"constitutional","dispositive":"no","related_facts":"The provision contains a typographical error referring to a non-existent section"}
• {"issue_text":"Whether the applicant has standing to seek a declaration of constitutional invalidity","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant's dispute is historical but he seeks enforcement of fundamental rights under Chapter 4 Part 4 of the Constitution"}
• {"issue_text":"Whether the applicant has an existing, future or contingent right for the purposes of section 14 of the High Court Act","issue_type":"procedural","dispositive":"yes (via section 85 of Constitution)","related_facts":"The applicant's employment dispute is in the past but he seeks enforcement of constitutional rights"}

Background