39 Judgment No. CCZ 2/18 Constitutional Application No. CCZ 86/15 Section 65(1) of the Constitution guarantees in a wholesome fashion the right to fair labour practices. The right to fair labour practices is conferred on “every person”. It is a labour right claimable by a person in an employment relationship. The word “person” is defined in s 332 of the Constitution to mean an individual or a body of persons, whether incorporated or unincorporated. In the founding affidavit the applicants state: “… Sight cannot be lost of the fact that this kind of conduct constitutes an unfair labour practice as defined in section 65 of the Constitution of Zimbabwe. The whole process lacks elements of basic fairness.” (my emphasis) Section 2, as read with Part III, of the Act gives effect to s 65(1) of the Constitution. Section 2 of the Act defines “unfair labour practice” as an unfair labour practice specified in Part III, or declared to be so in terms of any other provision of the Act. The Act codifies what the Legislature considered to be actions or omissions which if committed by the employer, a trade union, a workers’ committee and in certain circumstances other persons against an employee would amount to unfair labour practices. In Boniface Magurure and 63 Ors v Cargo Carriers International Hauliers (Pvt) Ltd t/a Sabot CCZ-15-16 the Court held that the Act only defines those labour practices which if proved would amount to unfair labour practices in violation of the constitutional right to fair labour practices. These are acts committed as a matter of practice by an employer or employee contrary to what is required by the law to be done. For a person to allege an unfair labour practice as a violation of the right enshrined in s 65(1) of the Constitution, the conduct complained of must constitute one of the acts or omissions listed by the Act as unfair labour practices.