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