Judgment No. SC 12/18
Chamber Application No. SC 179/15
Labour Court only lie to this Court on a point of law. In that regard the first question for
consideration is whether the applicant’s grounds of appeal raise a point of law.
The grounds of appeal essentially raises the question whether the applicant was
subjected to a fair trial when CHIVIZHE J issued an order under case number LC/H/145/11
without giving reasons for the order which it has branded a judgment.
The order is dated 31 October 2012 and it reads:
“IN THE LABOUR COURT OF ZIMBABWE
LC/H/145/11
In the matter between:KWANELE JIRIRA & ANOTHER
Applicants
Vs
UNIVERSITY OF ZIMBABWE
Respondents
Before the Honourable B T Chivizhe, President
(IN CHAMBERS)
Whereupon after reading documents filed of record
IT IS ORDERED THAT
The application for dismissal of appeal in terms of Rule 19 (3) (a) of the Labour Court
Rules be and is hereby granted.”
The above order is clearly not a judgment but an order given by the learned judge
a quo sitting in chambers. This is so because it does not bear a judgment number or reasons for
judgment. It cites no legal representatives signifying that none were heard although both parties
had legal representation. This is clearly a default judgment. It is not correct for the applicant to
say in its founding affidavit that the learned judge did not give reasons for its judgment. This
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