FAIR LABOUR STANDARDS ELEVATED TO CONSTITUTIONAL RIGHTS: A NEW
APPROACH IN ZIMBABWEAN LABOUR MATTERS.
Rodgers Matsikidze1
Introduction
Labour rights, like any other socio-economic rights, have been statutory rights since the
enactment of the Labour Relations Act of 1985. The Constitution of Zimbabwe 2013 brought
in another dimension that incorporates the second and third generation rights into the Bill of
Rights. This paper seeks to argue that s 65 (1) of the Constitution of Zimbabwe introduces a
new approach in determination of labour matters as it entitles direct access to the Constitutional
Court through which alleged violations of labour standards may be addressed and, secondly,
fairness is the central factor in determination of alleged violations and practices. This paper
concludes by arguing that the Supreme Court decision in the case of Nyamande & Another v
Zuva Petroleum (Pvt) Ltd2 (the Zuva case), among others, is incorrect as it exalts common
law over clear constitutional rights. It further concludes that the Supreme Court leapt to
the protection of the employer when that protection could still have been attained without
the court entangling itself in judicial activism.
The meaning of section 65(1) of the Constitution of Zimbabwe
Section 65(1) of the Constitution of Zimbabwe provides as follows:
“Every person has the right to fair and safe labour practices and standards and to be paid
a fair and reasonable wage”.
1
Rodgers Matsikidze teaches civil procedure and labour law at the University of Zimbabwe and is the Director
of Legal Aid Clinic and Attachment Office. He is the Managing Partner at Matsikidze and Mucheche Legal
Practitioners in Zimbabwe. He is the author of ADR in Zimbabwe and holds several positions on various boards
in the private and public sectors.
2
Nyamande and Another v Zuva Petroleum (Pvt) Ltd SC -43-15
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