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Constitutional Court

Boniface Magurure & 63 Ors v Cargo Carriers International Hauliers (Pvt) Ltd t/a Sabot

[2016] ZWCCZ 15

Case Details

Court
Constitutional Court
Date
16 November 2016
Citation
[2016] ZWCCZ 15
Judgment No.
CCZ 15/2016
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIDYAUSIKU CJ
Author
MALABA DCJ
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCGUVAVA JCCMAVANGIRA JCC
Areas of Law
Constitutional LawLabour Law
Keywords
section 65(1) Constitutionfair labour practicescollective bargaining agreementprinciple of subsidiarityovertime payment
Tags
constitutional applicationlabour rightsfair labour practicesovertimecollective bargaining agreement
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicants' allegations of unfair labour practices raise a constitutional matter requiring interpretation of s 65(1) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicants allege violation of right to fair and safe labour practices; Collective Bargaining Agreement exists; Labour Act provides remedies"}
  • {"issue_text":"Whether applicants can rely directly on Constitution without challenging legislation giving effect to constitutional right","issue_type":"procedural","dispositive":"yes","related_facts":"Labour Act and Collective Bargaining Agreement provide remedies for unfair labour practices"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

64 cross-border truck drivers employed by Cargo Carriers International Hauliers alleged unfair labour practices including forced long working hours without overtime pay and disciplinary action against workers who protested. They approached Constitutional Court directly under s 85(1)(a) claiming violation of s 65(1) right to fair and safe labour practices.
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