Association of Healthcare Funders of Zimbabwe v Monica Garande and Wadzanai Chieweshe

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT No: LC/H/360/25
HELD AT HARARE
CASE No: LC/H/748/25
In the matter between
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IN THE LABOUR COURT OF ZIMBABWE	JUDGMENT No: LC/H/360/25

HELD AT HARARE	CASE No: LC/H/748/25

In the matter between

ASSOCIATION OF HEALTHCARE FUNDERS OF ZIMBABWE	APPLICANT

Versus

MONICA GARANDE	1st RESPONDENT

AND

WADZANAI CHIEWESHE	2nd RESPONDENT

JUDGMENT

Thursday 02nd day of October 2025 Before Honourable Mr Justice Jaravani J For the Applicant: B. Murenga

For the Respondent: S.Z. Luthuli

Opposed Chamber Application for Reinstatement of appeal- Point In Limine Ex Tempore

JARAVANI J: The Applicant made an application for reinstatement of its appeal which was deemed abandoned for failure to file heads of argument in time. The founding affidavit was deposed to by a legal practitioner from the Firm which is representing the Applicant and represented it during the arbitral hearing.

The Respondent objected to the founding affidavit on the basis that the deponent had no personal knowledge of the facts deposed to since she was not involved in the arbitral hearing. The Applicant insists that the affidavit is properly before the Court as the deponent had personal knowledge of the facts deposed to.

The Court is of the view that the point in limine is just a technicality which does not inhibit it from hearing the present application. The application is for procedural relief and there is no prejudice to the parties if the affidavit is accepted. The Respondent managed to effectively oppose the application using the affidavit and papers which were filed by the Applicant. The factual errors in the founding affidavit are not material to the present application since the arbitral award which the parties seek to rely on is filed of record.

The Court can safely and properly relate to the requirements of the present application on the papers on record. This Court is not bound by strict procedural and evidential formalities-Rule 12

of the Labour Court Rules, 2017. Rule 21(5)(a) of the Labour Court Rules does not specifically require a deponent to a founding affidavit in an application to have personal knowledge of the facts deposed to. This Court has procedural latitude in the exercise of its equity jurisdiction and it should not be bound by mere technicalities which are not premised on allegations of real prejudice to a party- Mapondera and Others v Freda Rebecca Mine SC81/22.

In the premises, the point in limine is not upheld and matter shall proceed to a hearing on the merits.

JARAVANI J

Applicant’s Legal Practitioners: M.T Chiwaridzo Attorneys Respondent’s Legal Practitioners: Chinawa Law Chambers