Zimbabwe Teachers’ Association and Others v Public Service Commission and Others

HH 441/24

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Case Details

Court

Harare High Court

Date

30 September 2024

Citation

HH 441/24

Neutral Citation

[2024] ZWHH 441

Outcome

unknown

Case Type

Application

Bench

Presiding

MUNGWARI J

Full Bench

MUNGWARI J

Areas of Law

Constitutional LawLabour LawAdministrative Law

Keywords

Collective BargainingPublic Service CommissionConstitutionalityLabour RightsSection 65Section 203

Key Issues

{"issue_text":"Whether the applicants have locus standi to bring the application","issue_type":"procedural","dispositive":"no","related_facts":"Applicants are registered trade unions representing employees"}
{"issue_text":"Whether the applicants have established a cause of action","issue_type":"procedural","dispositive":"yes","related_facts":"The application challenges constitutionality of statutes without a live dispute"}
{"issue_text":"Whether sections 19(1), 20, 31(1) of the Public Service Act and SI 141/1997 are unconstitutional","issue_type":"constitutional","dispositive":"no (not reached due to procedural dismissal)","related_facts":"The sections allegedly do not provide for collective bargaining as required by the Constitution"}

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background

Facts of the Case

Background

Trade unions representing public service employees sought a declaratory order that sections of the Public Service Act and related regulations are unconstitutional for failing to provide for collective bargaining as required by the new Constitution. The respondents opposed, arguing the application was academic and lacked a live dispute.

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