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Rules of Construction or Interpretation re: Approach iro Conflicting Statutes & Principle of Lex Posterior Priori Derogant

SC00-89 : ART CORPORATION LTD vs MOYANA
Ruled By: GUBBAY JA, McNALLY JA and MANYARARA JA

This is a labour dispute between the parties. A brief history of the matter is as follows:The appellant (the Corporation) employed the respondent (Mr Moyana) on 20 October 1980 as a Marketing Executive. The contract was a simple one, providing that his functions were to be assigned to him from ...
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SC33-13 : TENDAYI TAMANIKWA and FRANK TINARWO and EMMERSON PAMIRE and TENDAI MOMBESHORA vs ZIMBABWE MANPOWER DEVELPOMENT FUND
Ruled By: ZIYAMBI JA, GOWORA JA and OMERJEE AJA

This appeal from a decision by the Labour Court concerns the interpretation of seemingly conflicting provisions within the Labour Act [Chapter 28:01], and, additionally, the conflict between the Labour Act itself, and the Zimbabwe Manpower Development Fund (Conditions of Service and Misconduct) Regulations S.I. 258/1996. The respondent is a statutory body which is created in terms of ...
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HH278-10 : RADIATOR AND TINNING (PVT) LTD vs RADIATOR AND TINNING (PVT) LTD WORKERS COMMITTEE and WALTER DUBE and LITOS CHIKWANDA and OTHERS
Ruled By: MTSHIYA J

It is also important to note that section 2A(3) of the Labour Act [Chapter 28:01] provides as follows- “This Act shall prevail over any other enactment inconsistent with it.” Section 243 of the Companies Act [Chapter 24:03] removes any possibility of inconsistence between the two pieces of legislation. Section 243 of the Companies Act [Chapter 24:03] caters ...
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SC33-13 : TENDAYI TAMANIKWA and FRANK TINARWO and EMMERSON PAMIRE and TENDAI MOMBESHORA vs ZIMBABWE MANPOWER DEVELPOMENT FUND
Ruled By: ZIYAMBI JA, GOWORA JA and OMERJEE AJA

I am further fortified in this view by the fact that the Zimbabwe Manpower Development Fund (Conditions of Service and Misconduct) Regulations S.I.258 of 1996 are not an employment code, and, in terms of section 12B, the Labour Act [Chapter 28:01] makes it mandatory for any dismissal to be effected in terms of a registered ...
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SC43-18 : ZIMBABWE ASSEMBLIES OF GOD AFRICA (ZAOGA) vs KASIKAI MASHONGANYIKA
Ruled By: GWAUNZA JA, GUVAVA JA and MAVANGIRA JA

Section 92 of the Labour Act [Chapter 28:01] (“the Act”) provides as follows: “A party to a matter before the Labour Court may appear in person or be represented by: (a) A legal practitioner registered in terms of the Legal Practitioners Act [Chapter 27:07]; (b) An official or employee of a registered trade union or employer's organization of which the party ...
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Appealed
SC188-20 : GERALD CHIGWADA vs PENELOPE CHIGWADA and SHEPHERD KUSADA N.O. and MASTER OF THE HIGH COURT
Ruled By: MALABA CJ, GARWE JA, MAKARAU JA, GOWORA JA and BERE JA

Different statutory provisions are enacted to deal with different, although sometimes related, subject-matters. Provisions of different statutes are never interpreted to contradict each other.
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HH128-09 : ROUTE TOUTE BV & OTHERS vs MINISTER OF NATIONAL SECURITY RESPONSIBLE FOR LAND LAND REFORM AND RESETTLEMENT & OTHERS
Ruled By: PATEL J

Section 16B of the Constitution of Zimbabwe came into operation on the 14th of September 2005. Subsections (2) and (3) of section 16B of the Constitution of Zimbabwe..., provide as follows:“(2) Notwithstanding anything contained in this Chapter –(a) All agricultural land –(i) that was identified on or before the 8th ...
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HH813-15 : STANLEY MACHOTE vs ZIMBABWE MANPOWER DEVELOPMENT FUND
Ruled By: TSANGA J

On 21 July 2015, I registered an arbitral award in favour of the applicant which was in the following terms:“It is ordered that;1. The arbitration award attached hereto, and granted in favour of the applicant on the 29th of October 2014, be and is hereby registered as an order of ...
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SSC71-21 : TUNGAMIRAI MADZOKERE and YVONE MUSARURWA and LAST MAENGAHAMA and PHINEAS NHATARIKWA vs THE STATE
Ruled By: GWAUNZA DCJ, MAKARAU JA and MAVANGIRA JA

This is an appeal against the judgment of the High Court sitting at Harare, handed down on 12 December 2016.In the judgment, the court a quo found the first three appellants guilty of murder and the fourth appellant guilty as an accessory after the fact, of public violence.The first three ...
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CC04-18 : GABRIEL SHUMBA and SIBONILE MFUMISI and DARLINGTON NYAMBIYA vs MINISTER OF JUSTICE and CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and ZIMBABWE ELECTORAL COMMISSION and OTHERS
Ruled By: GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC, BHUNU JCC and UCHENA JCC

This Court, dealing with constitutional interpretation, in Rushesha and Others v Dera and Others CC24-17, made the point that even what is not said has its own implications. The court remarked:“The interpretation of a statute, and indeed a Constitution, is based not only on what the provision says but also ...
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Appealed
HH591-18 : CAINOS CHINGOMBE and TENDAI KWENDA vs CITY OF HARARE and MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING and HOSEA CHISANGO N.O. and GEORGE MAKINGS N.O. and CHENAI GUMIRO N.O.
Ruled By: MATHONSI J

Of course, the first and third respondents took a point in limine challenging the jurisdiction of this court to determine this matter on the ground that it is purely a labour dispute to which the Labour Court enjoys exclusive jurisdiction by virtue of the ouster provision contained in section 89(6) ...