JUDGMENT NO. CCZ 16/2016
CONST. APPLICATION CCZ 4/2016
member of a sentence. It must look to the provisions of the whole law, and to its object and policy.
See Hibbs v Winn 542 US88 (2004) at 101.
The provisions of s 92E are all lined up and deal with the same issue, which is an
appeal to the Labour Court and its effects and remedies. In essence, the provisions of the section
all colour each other. It would be an error in legislative interpretation to treat s 92E(2) as though
it existed in isolation, unaffected by the provisions surrounding it.While Section 92E(2) provides
that an appeal against a determination shall not suspend the determination appealed against,
equally important is s 92E (3) which empowers the Labour Court, pending the determination of
the appeal, to make such interim measures as the justice of the case requires.
The net effect is clear. The Legislature clearly sought to protect the interests of both
parties. Section 92E (2) protects the winning party by ensuring that the losing party does not initiate
frivolous appeals merely to delay complying with the award, which a losing party may be tempted
to do if an appeal suspended the award. Conversely, s 92E(3), provides a safety net for the losing
party, by permitting such party, once it has noted an appeal to the Labour Court, to make an
application for an interim measure pending the appeal. Such interim measures would take the form
of an application for stay of execution or any other appropriate relief to ensure that the judgment
appealed against is not executed before the Labour Court has determined the appeal. In Standard
Chartered Bank of Zimbabwe Ltd v Muganhu 2005(1) ZLR 43(S) it is stated that:
“The object of an interim determination made under s 97(4) of the Act is to give a party in
whose favour the determination appealed against was made an interim right which he
would otherwise not have because of the noting of the appeal. It may also be to grant the
party against whom the judgment was made temporary relief from the burden of the
obligation imposed by the determination which he would otherwise not have because of
the appeal.” (emphasis added)
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