Charles Murove v Judicial Services Commission

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/519/2014
HARARE, 24 JULY 2014
CASE NO. LC/H/519/2014
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IN THE LABOUR COURT OF ZIMBABWE	 JUDGMENT NO. LC/H/519/2014

HARARE, 24 JULY 2014		                                  CASE NO. LC/H/690/13

AND 15 AUGUST 2014

In the matter between:-

CHARLES MUROVE						Applicant

And

JUDICIAL SERVICES COMMISSION				Respondent

Before Honourable B.S. Chidziva, Judge

For Applicant		Mr. I. Gonese (Legal Practitioner

For Respondent		Ms. K. Warinda (Legal Advisor)

CHIDZIVA, J:

The applicant has applied to this court that it be ordered that;

The Respondent be and is hereby barred for failing to file their response to applicant’s appeal.

The appeal be and is hereby allowed and the respondent is hereby ordered to reinstate the appellant to his position as Magistrate without lose of pay and benefit.

The applicant submitted that the notice of appeal is served together with the notice of response.  In accordance with Rule 15 (2) of the Labour Court Rules the Respondent was suppose to respond within thirty (30) days.  The appeal was filed on 12 September 2011 and the Respondent only responded on the 18th of February 2014.

The Respondent on the other hand told this court that they had filed a notice of Response within time as they had received the notice to respond on the 13th February 2014.  Ms Warinda submitted that the practice was that the call to respondent from the Registrar would be served separately from the notice of appeal. The practice to serve the notice of appeal and notice to respond only came into effect recently.

It has not been disputed by the Appellant that this practice changed recently.  From the papers filed of record the Respondent responded well in time.  Parties are obliged to abide by rules of this court.  However failure by Respondent to use the relevant forms in this case is not a technicality that vitiates the proceedings.  The record of disciplinary proceedings has already been filed.  In view of the foregoing.

IT IS HEREBY ORDERED THAT

The application be and is hereby dismissed for lack of merit.

The Registrar is directed to set down the appeal.

Each party is to bear its costs.

GONESE & NDLOVU, Applicant’s legal practitioners

CIVIL DIVISION OF THE AG’S OFFICE, Respondent’s legal practitioners