National Employment Council for the Communications and Allied Services Industry v NetOne Cellular (Private) Limited & Anor

[2019] ZWCCZ 17

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Case Details

Court

Constitutional Court

Date

9 October 2019

Citation

[2019] ZWCCZ 17

Judgment No.

CCZ 17/19

Outcome

unknown

Case Type

Application

Bench

Presiding

GARWE JCC

Full Bench

GWAUNZA DCJGARWE JCCMAKARAU JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCGUVAVA JCCMAVANGIRA JCCBHUNU JCC

Areas of Law

Constitutional LawLabour Law

Keywords

collective bargaining agreementconstitutional validityfreedom of associationproperty rightsreferral procedure

Key Issues

{"issue_text":"Whether section 82(1)(a) of the Labour Act and sections 2(a), 33 and 36 of the Collective Bargaining Agreement violated constitutional rights","issue_type":"constitutional","dispositive":"no","related_facts":"NetOne's non-participation in CBA creation, compulsory dues payment, registration requirements"}
{"issue_text":"Whether the matter was properly referred to the Constitutional Court under section 175(4)","issue_type":"procedural","dispositive":"yes","related_facts":"Supreme Court's consent referral, nature of questions referred"}

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Facts of the Case

Background

NetOne Cellular challenged the constitutionality of certain provisions of a Collective Bargaining Agreement for the Communications and Allied Services Industry, arguing they violated its constitutional rights to freedom of association and protection of property. The High Court struck down sections 2(a), 33 and 36 of the CBA but upheld section 82(1)(a) of the Labour Act. On appeal, the Supreme Court referred constitutional questions to the Constitutional Court.

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