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Supreme Court

Emily Motsi & Mervis Chikowore v The University of Zimbabwe

SC 27/25

Case Details

Court
Supreme Court
Date
13 March 2025
Citation
SC 27/25
Neutral Citation
[2025] ZWSC 27
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Gwaunza DCJ
Author
Bhunu JA
Full Bench
Gwaunza DCJBhunu JAChatukuta JA
Areas of Law
Labour lawEmployment contractsConflict of interest
Keywords
dismissalsubsidiary contractconflict of interestnemo judex in sua causadouble payment
Tags
conflict of interestsubsidiary contractacademic regalia projectMOCHIK Garments
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether appellants could be dismissed from primary contract for breach of subsidiary contract","issue_type":"law","dispositive":"no","related_facts":"Existence of separate contracts, close link between contracts"}
  • {"issue_text":"Whether breach of nemo judex in sua causa principle was established","issue_type":"fact","dispositive":"no","related_facts":"Role of legal advisor in disciplinary proceedings"}
  • {"issue_text":"Whether ground 4 was withdrawn before court a quo","issue_type":"fact","dispositive":"no","related_facts":"Appellants' conduct in lower court"}
  • {"issue_text":"Whether dismissal could be retrospective to date of suspension","issue_type":"law","dispositive":"yes","related_facts":"Terms of suspension letter, date of communication"}
  • {"issue_text":"Whether appellants signed contract on behalf of MOCHIK","issue_type":"fact","dispositive":"yes","related_facts":"Contract signatures, common cause position"}
  • {"issue_text":"Whether conflict of interest was properly established","issue_type":"mixed","dispositive":"no","related_facts":"Non-disclosure, broad charge, factual findings"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Two University of Zimbabwe lecturers were dismissed for failing to disclose their conflict of interest when they became directors of MOCHIK Garments, a company contracted by the university for garment manufacturing, while also supervising the project under a subsidiary employment contract.
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