Vongai Chiwaridzo v (1) TM Supermarkets (Private) Limited (2) Brenda Garudzo (3) Minister of Public Service, Labour and Social Welfare (4) Minister of Justice, Legal and Parliamentary Affairs (5) Attorney-General N.O.

Key Issues

• {"issue_text":"Whether the applicant has satisfied the requirements for leave for direct access to the Constitutional Court under Rule 21(2) of the Constitutional Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant filed an application for direct access alleging constitutional violations"}
• {"issue_text":"Whether the applicant's application raises a constitutional issue for determination by the Court","issue_type":"constitutional","dispositive":"yes","related_facts":"The applicant alleges sections of the Labour Act violate sections 56(1) and 69(3) of the Constitution"}
• {"issue_text":"Whether section 93(5)(c)(i) and (ii) of the Labour Act violates section 56(1) of the Constitution (equal protection)","issue_type":"constitutional","dispositive":"yes","related_facts":"The applicant alleges the provisions discriminate against employees"}
• {"issue_text":"Whether section 93(5a)(a) and (b) of the Labour Act violates section 69(3) of the Constitution (fair hearing)","issue_type":"constitutional","dispositive":"yes","related_facts":"The applicant alleges the provisions allow a labour officer to be a party to confirmation proceedings"}

Background