DISTRIBUTED BY VERITAS TRUST
Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592
E-mail: veritas@mango.zw
Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility
for information supplied.
Judgment No. SC 35/18
Civil Appeal No. SC 519/17
contractual right or entitlement to the school fees allowance. Consequently, the
respondent’s claim in this respect is legally unsustainable.
Fuel Allowance Increase
As regards the claim for a fuel allowance increase, it is clear that the arbitrator
did not award any increase. He recognised that this was a dispute of interest and not a
dispute of right and accordingly directed the parties to continue to negotiate the issue and
revert to him in the event of their failure to settle. Similarly, the court a quo simply referred
this claim back to the parties to negotiate a reasonable increment.
At the conclusion of his submissions, Mr Maguchu, for the appellant, agreed
that the effect of the court a quo’s judgment in this respect was simply to confirm the
arbitrator’s directive. He therefore conceded that this was not an appealable issue and did
not persist with this aspect of the appeal.
Personal Issue Motor Vehicles
The respondent’s claim in respect of personal issue motor vehicles relates only
to grade D3 managers. The claim is founded on an internal memorandum, dated
14 April 2008, from the Managing Director of ZESA Enterprises (ZENT), another
subsidiary of the appellant. It was addressed to one Mervis Ngwenya, advising him/her
that, as a result of an ongoing restructuring exercise, grade D3 managers now qualified for
the company car benefit, and that he/she would therefore be allocated a suitable vehicle.
8