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SC11-11 - PHILLIP HLUPENI vs UNIFREIGHT (PRIVATE) LIMITED

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Procedural Law-viz postponement of proceedings re deferment of a matter sine die.
Procedural Law-viz deferment of a matter re postponement sine die.
Procedural Law-viz directions of the court.
Procedural Law-viz judicial directives.
Legal Practitioners-viz professional ethics.
Procedural Law-viz final orders re composition of the Bench iro incapacitation of presiding officer.
Procedural Law-viz jurisdiction re labour proceedings.
Procedural Law-viz judicial precedents re composition of the Bench iro matter determined by a single judge of the Supreme Court sitting in chambers.
Procedural Law-viz judicial precedents re composition of the Bench iro matter determined by a Supreme Court Bench in open court.
Procedural Law-viz jurisdiction re judicial deference iro assessment of prospects in main matter.
Procedural Law-viz jurisdiction re judicial deference iro assessment of prospects in main proceedings.

Professional Ethics, Legal Duty to the Court and Clients, Dominus Litis and Correspondence with the Court


At the hearing of this matter, in Chambers, I postponed the matter sine die to enable counsel to file Heads of Argument on the legal points raised in this matter. 

The applicant's counsel filed Heads of Argument but the respondent's counsel has not done so.

Jurisdiction re: Approach, Concurrent Jurisdiction, Statutory, Procedural and Contractual Jurisdictional Ousting


At the hearing of this matter, in Chambers, I postponed the matter sine die to enable counsel to file Heads of Argument on the legal points raised in this matter. The applicant's counsel filed Heads of Argument but the respondent's counsel has not done so.

Two legal issues are raised on these papers. These are as follows;-

(i) Whether or not this Court has jurisdiction to deal with this application; and

(ii) Whether or not this Court can quash proceedings commenced by a President of the Labour Court which could not be concluded by reason of the presiding President's death before the conclusion of those proceedings.

The Labour Court is a creature of the Labour Act [Chapter 28:01] ("the Act").

The Labour Act does not specifically provide for what should happen in the above circumstances.

This is an important legal point that should be determined by the Supreme Court as opposed to a Judge of the Supreme Court in Chambers.

Accordingly, I direct that this matter be set down for hearing before a Court of three Judges. I also direct that this matter be set down before the same Court that will hear the matter of Eric Filon v Public Service Commission and Anor; see judgment no. SC08-11.

Jurisdiction re: Labour Proceedings


At the hearing of this matter, in Chambers, I postponed the matter sine die to enable counsel to file Heads of Argument on the legal points raised in this matter. The applicant's counsel filed Heads of Argument but the respondent's counsel has not done so.

Two legal issues are raised on these papers. These are as follows;-

(i) Whether or not this Court has jurisdiction to deal with this application; and

(ii) Whether or not this Court can quash proceedings commenced by a President of the Labour Court which could not be concluded by reason of the presiding President's death before the conclusion of those proceedings.

The Labour Court is a creature of the Labour Act [Chapter 28:01] ("the Act").

The Labour Act does not specifically provide for what should happen in the above circumstances.

This is an important legal point that should be determined by the Supreme Court as opposed to a Judge of the Supreme Court in Chambers.

Accordingly, I direct that this matter be set down for hearing before a Court of three Judges. I also direct that this matter be set down before the same Court that will hear the matter of Eric Filon v Public Service Commission and Anor; see judgment no. SC08-11.

Final Orders re: Composition of Bench iro Court Verdict, Incapacitation and Disagreements Between Presiding Officers


At the hearing of this matter, in Chambers, I postponed the matter sine die to enable counsel to file Heads of Argument on the legal points raised in this matter. The applicant's counsel filed Heads of Argument but the respondent's counsel has not done so.

Two legal issues are raised on these papers. These are as follows;-

(i) Whether or not this Court has jurisdiction to deal with this application; and

(ii) Whether or not this Court can quash proceedings commenced by a President of the Labour Court which could not be concluded by reason of the presiding President's death before the conclusion of those proceedings.

The Labour Court is a creature of the Labour Act [Chapter 28:01] ("the Act").

The Labour Act does not specifically provide for what should happen in the above circumstances.

This is an important legal point that should be determined by the Supreme Court as opposed to a Judge of the Supreme Court in Chambers.

Accordingly, I direct that this matter be set down for hearing before a Court of three Judges. I also direct that this matter be set down before the same Court that will hear the matter of Eric Filon v Public Service Commission and Anor; see judgment no. SC08-11.

Final Orders re: Composition of Bench iro Judicial Precedents, Effect of Ex Post Facto Statutes and Judicial Lag


At the hearing of this matter, in Chambers, I postponed the matter sine die to enable counsel to file Heads of Argument on the legal points raised in this matter. The applicant's counsel filed Heads of Argument but the respondent's counsel has not done so.

Two legal issues are raised on these papers. These are as follows;-

(i) Whether or not this Court has jurisdiction to deal with this application; and

(ii) Whether or not this Court can quash proceedings commenced by a President of the Labour Court which could not be concluded by reason of the presiding President's death before the conclusion of those proceedings.

The Labour Court is a creature of the Labour Act [Chapter 28:01] ("the Act").

The Labour Act does not specifically provide for what should happen in the above circumstances.

This is an important legal point that should be determined by the Supreme Court as opposed to a Judge of the Supreme Court in Chambers.

Accordingly, I direct that this matter be set down for hearing before a Court of three Judges. I also direct that this matter be set down before the same Court that will hear the matter of Eric Filon v Public Service Commission and Anor; see judgment no. SC08-11.

Enactment of Legislation re: Legislative Powers , Limitations to Legislative Powers, Judicial Activism and the Rule of Law


At the hearing of this matter, in Chambers, I postponed the matter sine die to enable counsel to file Heads of Argument on the legal points raised in this matter. The applicant's counsel filed Heads of Argument but the respondent's counsel has not done so.

Two legal issues are raised on these papers. These are as follows;-

(i) Whether or not this Court has jurisdiction to deal with this application; and

(ii) Whether or not this Court can quash proceedings commenced by a President of the Labour Court which could not be concluded by reason of the presiding President's death before the conclusion of those proceedings.

The Labour Court is a creature of the Labour Act [Chapter 28:01] ("the Act").

The Labour Act does not specifically provide for what should happen in the above circumstances.

This is an important legal point that should be determined by the Supreme Court as opposed to a Judge of the Supreme Court in Chambers.

Accordingly, I direct that this matter be set down for hearing before a Court of three Judges. I also direct that this matter be set down before the same Court that will hear the matter of Eric Filon v Public Service Commission and Anor; see judgment no. SC08-11.

Court Management re: Approach, Case Management, Postponement of Proceedings and Judicial Directives of the Court


At the hearing of this matter, in Chambers, I postponed the matter sine die to enable counsel to file Heads of Argument on the legal points raised in this matter. The applicant's counsel filed Heads of Argument but the respondent's counsel has not done so.

Two legal issues are raised on these papers. These are as follows;-

(i) Whether or not this Court has jurisdiction to deal with this application; and

(ii) Whether or not this Court can quash proceedings commenced by a President of the Labour Court which could not be concluded by reason of the presiding President's death before the conclusion of those proceedings.

The Labour Court is a creature of the Labour Act [Chapter 28:01] ("the Act").

The Labour Act does not specifically provide for what should happen in the above circumstances.

This is an important legal point that should be determined by the Supreme Court as opposed to a Judge of the Supreme Court in Chambers.

Accordingly, I direct that this matter be set down for hearing before a Court of three Judges. I also direct that this matter be set down before the same Court that will hear the matter of Eric Filon v Public Service Commission and Anor; see judgment no. SC08-11.

Jurisdiction re: Judicial Deference iro Assessment of Prospects on Appeal, Review or Main Proceedings


At the hearing of this matter, in Chambers, I postponed the matter sine die to enable counsel to file Heads of Argument on the legal points raised in this matter. The applicant's counsel filed Heads of Argument but the respondent's counsel has not done so.

Two legal issues are raised on these papers. These are as follows;-

(i) Whether or not this Court has jurisdiction to deal with this application; and

(ii) Whether or not this Court can quash proceedings commenced by a President of the Labour Court which could not be concluded by reason of the presiding President's death before the conclusion of those proceedings.

The Labour Court is a creature of the Labour Act [Chapter 28:01] ("the Act").

The Labour Act does not specifically provide for what should happen in the above circumstances.

This is an important legal point that should be determined by the Supreme Court as opposed to a Judge of the Supreme Court in Chambers.

Accordingly, I direct that this matter be set down for hearing before a Court of three Judges. I also direct that this matter be set down before the same Court that will hear the matter of Eric Filon v Public Service Commission and Anor; see judgment no. SC08-11.

Before CHIDYAUSIKU CJ, In Chambers:

At the hearing of this matter I postponed the matter sine die to enable counsel to file Heads of Argument on the legal points raised in this matter. The applicant's counsel filed Heads of Argument but the respondent's counsel has not done so.

Two legal issues are raised on these papers. These are as follows -

(i) whether or not this Court has jurisdiction to deal with this application; and

(ii) whether or not this Court can quash proceedings commenced by a President of the Labour Court which could not be concluded by reason of the presiding President's death before the conclusion of those proceedings.

The Labour Court is a creature of the Labour Act [Chapter 28:01] ("the Act").

The Act does not specifically provide for what should happen in the above circumstances.

This is an important legal point that should be determined by the Supreme Court as opposed to a Judge of the Supreme Court in Chambers.

Accordingly I direct that this matter be set down for hearing before a Court of three Judges. I also direct that this matter be set down before the same Court that will hear the matter of Eric Filon v Public Service Commission and Anor; see judgment No. SC8/11.




Wabatagore & Company, applicant's legal practitioners

Gwaunza & Mapota, respondent's legal practitioners

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