Garikai Kamanga v Prince Edward School - SDA

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/133/2020
HARARE, 28 JANUARY 2020
CASE NO.
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IN THE LABOUR COURT OF ZIMBABWE      JUDGMENT NO. LC/H/133/2020

HARARE, 28 JANUARY 2020		               CASE NO. LC/H/APP/523/19

AND 19 JUNE 2020

In the matter between:-

GARIKAI KAMANGA					Applicant

And

PRINCE EDWARD SCHOOL - SDA			Respondent

Before Honourable B.S. Chidziva, Judge

Applicant			In person

For Respondent		Mr J Mushunje (Legal Practitioner)

CHIDZIVA, J:

This is an application for condonation for late noting of appeal against the order of this court i.e. Labour Court Order LC/H/ORD/587/2018 dated 20 June 2018.

The brief facts of the matter are that on 20 June 2018 Sibusisiwe Marume a designated Agent appeared before this court with an application for confirmation of a ruling in the matter between Garikayi Kamanga and Prince Edward High School SDA. The matter was struck off the roll with no order as to costs.

The Applicant has filed this application on the following grounds;

He became aware of this court’s order on 6th July 2018 and he attempted to file an application for leave to appeal between 8th and 16th July 2018 but the Assistant Registrar refused to accept the application on the grounds that he was not part to the proceedings.

The Assistant Registrar also indicated that a matter struck off the roll could not be appealed against.

Applicant had approached the Constitutional Court which indicated that he should have approached the Supreme Court since he was a party with direct interests.

Applicant has an interest in the matter.

In response the Respondent has submitted that,

The matter that applicant seeks to appeal against is no longer before the court.

The applicant’s application has failed to meet the requirements of condonation.

Applicant is not a party to the main matter and has not sought joinder.

I agree with the Respondent that he cannot file this application because he is not a party to the main matter even though he is an interested party.

The main matter is no longer before this court and thus he cannot apply for condonation. It is because of those (2) two reasons that I find that the matter is not properly before this court.

In the circumstances it is ordered that the matter be and is hereby struck off the roll. The Applicant shall bear costs.

Devittie, Rudolph & Timba, respondent’s legal practitioners