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Supreme Court

Zimbabwe Anti Corruption Commission v Gibson Mangwiro & Another

Judgment No. SC 94/19

Case Details

Court
Supreme Court
Date
25 November 2019
Citation
Judgment No. SC 94/19
Neutral Citation
[2019] ZWSC 94
Judgment No.
SC 94/19
Outcome
unknown
Case Type
Condonation

Bench

Presiding
Mavangira JA
Full Bench
Mavangira JA
Areas of Law
Labour LawCivil Procedure
Keywords
Rule 61Rule 60Extension of TimeStruck Off Roll
Tags
CondonationLeave to AppealSupreme Court Rules
legislation
Statutes Cited
  • Labour Act
  • Supreme Court of Zimbabwe Rules
  • Supreme Court of Zimbabwe Rules
  • Supreme Court of Zimbabwe Rules
  • Supreme Court of Zimbabwe Rules
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether Rule 61 of the Supreme Court Rules 2018 applies to an application for condonation of failure to apply for leave to appeal within the prescribed time","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant filed application under Rule 61 seeking condonation for late filing of application for leave to appeal"}
  • {"issue_text":"Whether the application is properly before the court","issue_type":"procedural","dispositive":"yes","related_facts":"The application was brought under an allegedly inapplicable rule"}
  • {"issue_text":"What is the correct procedure when leave to appeal is refused by the Labour Court","issue_type":"procedural","dispositive":"yes","related_facts":"Labour Court refused leave to appeal; applicant sought to approach Supreme Court"}
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background
Facts of the Case

Background

The respondents were dismissed from employment by the applicant. They applied for review in the Labour Court, which set aside their dismissal. The applicant sought leave to appeal to the Supreme Court, which was refused by the Labour Court. The applicant then filed a chamber application for condonation of late filing of an application for leave to appeal under Rule 61, which the Supreme Court found to be procedurally incorrect.
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