JUDGMENT NO. CCZ 16/2016 CONST. APPLICATION CCZ 4/2016 BILTRANS (1) THE SERVICES (PVT) LIMITED v MINISTER OF PUBLIC SERVICE, LABOUR SOCIAL WELFARE (2) DICK TOGARASI MUTADZIKI (3) DAVID CHISHIRI (4) KUDAKWASHE KAVARE (5) DONALDSON MAFUNDIRWA (6) KERDIMO CHIPADZE (7) THE SHERIFF OF ZIMBABWE AND CONSTITUTIONAL COURT OF ZIMBABWE MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC & UCHENA JCC HARARE, MAY 18, 2016 T Mpofu, for the applicant M Chimombe, for the first respondent R Dembure, for the second to sixth respondents No appearance for the seventh respondent MALABA DCJ: At the end of hearing argument for both parties the court dismissed the application with no order as to costs. It was indicated at the time that reasons for the decision would follow in due course. These are they. The applicant approached the Court in terms of s 85(1) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”), which provides that any person who alleges that any of the fundamental rights enshrined in Chapter IV has been infringed, may approach a court seeking an appropriate relief which a court has discretion to grant. The applicant sought an order declaring invalid ss 92E (2) and 98(14) of the Labour Act [Cap. 28:01], 1

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