Boniface Madziwabende v Africom Holdings (Pvt) Ltd

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/36/2020
HARARE, 18 SEPTEMBER 2019
CASE NO.
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IN THE LABOUR COURT OF ZIMBABWE        JUDGMENT NO. LC/H/36/2020

HARARE, 18 SEPTEMBER 2019		      CASE NO. LC/H/APP/137/19

AND 31 JANUARY 2020

In the matter between:-

BONIFACE MADZIWABENDE					Applicant

And

AFRICOM HOLDINGS (PVT) LTD				Respondent

Before Honourable B.S. Chidziva, Judge

Applicant			In person

For Respondent		Ms R.R. Mutindindi (Legal Practitioner)

CHIDZIVA, J:

This is an application for reinstatement of an application for confirmation of the draft ruling under case No. LC/H/LRA/679/18.

This matter had been struck off the roll by this court on 13 February 2019 the reason being that the applicant had cited a wrong Section of the application for confirmation of the draft ruling in both the application letter and founding affidavit. Applicant had cited Section 93 5 (a) (b) instead of Section 93 (5a) (a) (b).

The applicant in this matter is seeking correction of the Section 93 (5) (a) (b) and is also seeking the confirmation of the draft ruling.

The Respondent in response has raised a point in limine to the effect that instead of filing an application for reinstatement the applicant should have filed an application for condonation. The Respondent further argued that there is no application before the court and thus the matter should be struck off the roll.

The Applicant has argued that the issue that was before the court on the 13th of February 2018 was a typing error.  He further argued that he was suppose to apply for reinstatement and not condonation.

The issue to be decided by this court is whether or not the applicant was suppose to apply for reinstatement or condonation

Practice Direction 3 of 2013 states that where a matter is removed from the roll it means that the matter is no longer before the court. The party then has 30 days within which to rectify the defect.

The applicant then had 30 days within which to rectify the error before bringing it back to court for reinstatement. If the period for reinstatement expires the party then applies for condonation to reinstate the matter. The court can only grant this application on good grounds shown.

This matter was struck off on 13 February 2018. The matter was supposed to be reinstated within 30 days of that date after correction of the citation. The application for reinstatement was brought on the 18th of September 2019 that is well after the prescribed 30 days.

From what is stated in the Practice Direction the Applicant was suppose to apply for condonation of late filing of the application for reinstatement.

As it is the matter is not properly before the court.

It is therefore ordered that,

The matter be and is hereby struck off the roll.

The Applicant shall bear costs.

Caleb Mucheche & Partners Law Chambers, respondent’s legal practitioners