Losat Chris and 12 Others v Reggie Saruchera, Vision Tasiyana and Shamva Mining Company (Private) Limited

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/24/24
HARARE, 19 OCTOBER, 2023
CASE NO. LC/H/649/23
AND 30 JANUARY 2024
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IN THE LABOUR COURT OF ZIMBABWE	JUDGMENT NO. LC/H/24/24 HARARE, 19 OCTOBER, 2023		CASE NO. LC/H/649/23 AND 30 JANUARY 2024

LOSAT CHRIS AND 12 OTHERS	APPLICANT

Versus

REGGIE SARUCHERA			1ST RESPONDENT VISION TASIYANA	2ND RESPONDENT SHAMVA MINING COMPANY (PVT) LTD		3RD RESPONDENT

Before the Honourable Kudya J;

For the Applicants	- L. Pwanyiwa (Unionist) For the 1st Respondent	- No appearance

For the 2nd Respondent	- W. Musengwa (Legal Practitioner)

KUDYA J:

This is an application for condonation for late noting of an application for rescission of judgment. The matter is unopposed to the extent that as at date of set down the respondent did not put its response to the matter. It was only on the set down date that it tried to show cause why it did not put in its response. Its argument was that the pleadings attendant to the matter had found their way to its junk mail and when it belatedly realised that development it was already out of timed to file its response.

JUDGMENT NO. LC/H/24/24

It however moved the court to strike off the application for the reason that the draft order does not speak of condonation relief but of rescission relief itself. It also says that the merits of the condonation application have not been articulated.

In reaction to that the applicant conceded the omission that indeed there was a typo error in not referring to condonation but to the rescission itself. A reading of all papers on the matter speak clearly to condonation hence the court is satisfied that the omission to put the word condonation in the order should not militate against the relief sought. See Bhunu J’s judgment on Mapondera vs Freda Rebecca Mine SC-81-22. Further to that it is on record from the lawyer who was handling the matter that the delay was caused by his lack of a practising certificate. Such an excuse can therefore not be used to deny the applicants relief. The court is satisfied that this is a case deserving its day in court and to that extent condonation relief has to be granted. The application therefore succeeds

IT IS ORDERED THAT

1.  Application for condonation of late noting of application for rescission of judgment being

Chimuka Mafunga- 1st Respondent legal practitioners

2