Commander Zimbabwe National Army & Ors v Nester Chidembwo & Anor

[2020] ZWSC 117

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Case Details

Court

Supreme Court

Date

24 September 2020

Citation

[2020] ZWSC 117

Judgment No.

SC 117/20

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Guvava JA

Full Bench

Makarau JAGuvava JAMavangira JA

Areas of Law

Administrative lawMilitary lawProcedural law

Keywords

Defence ActReview applicationSeparation of applicationsProcedural irregularity

Key Issues

{"issue_text":"Whether the court a quo was correct in proceeding to determine the application for review in favour of the second respondent in the absence of the first respondent","issue_type":"procedural","dispositive":"yes","related_facts":"Applications were separated; first respondent's application was out of time"}
{"issue_text":"Whether the applications should have been heard together given their intrinsic linkage","issue_type":"procedural","dispositive":"yes","related_facts":"Second respondent's misconduct arose from first respondent's finding of guilt"}

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Facts of the Case

Background

The respondents, employed by Zimbabwe National Army, were dismissed after getting married and the first respondent falling pregnant contrary to amended conditions of service. The High Court reviewed the dismissals but separated the applications, proceeding with only the second respondent's case after finding the first respondent's application was filed out of time.

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