Munyaradzi Gara (N.O) v Meatsengo Butcheries & Anor

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/168/2021
HARARE, 22 JUNE 2021
22 OCTOBER 2021
CASE NO LC/H/LRA/06/21
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IN THE LABOUR COURT OF ZIMBABWE	   JUDGMENT NO LC/H/168/2021

HARARE,  22 JUNE 2021&			   CASE NO LC/H/LRA/06/21

22 OCTOBER  2021

In the matter between:-

MUNYARADZI GARA   (N.O)			APPLICANT

AND

MEATSENGO BUTCHERIES			1st RESPONDENT

TONDERAI MUDAVANHU			2nd RESPONDENT

Before the Honourable Kudya J

For the Applicant			In Person

For the Respondent			B. Julajulah (Legal Practitioners)

KUDYA, J:

This matter was set down as an application for confirmation of a ruling in the case of Tonderai Mudavanhu and Meatsengo Butcheries.  On the set down date the employer defaulted despite service hence setting the stage for a default judgment confirming the ruling.  It however dawned on the court that notwithstanding the employer’s default it was apparent that the application was in breach of the law setting out how such matters had to be dealt with. See Isoquant v Darikwa (N.O) CCZ 6/20.

In that regard the court invited the labour officer and the employee to address it on whether the matter was properly before the court.  They did address the court and in unison reasoned that Isoquant Supra only became law at a later stage yet the matter before the court had been handled in the usual manner then before Isoquant (Supra). To that extent Isoquant (Supra) could not apply to it.  It need be noted that the retrospectivity argument advanced by the labour officer and the employee does not apply where it is clear that what is adjudged no to have retrospective application was provided for by law. In the case at hand it is clear that how the matter was dealt with is a nullity because the law did not provide than that the matter be dealt with as happened..  The lacana in the law then cannot be said to give rise to the retrospectivity argument. Infact it stands to reason that a nullity begets a nullity See McFay v United Africa Company 1961 (3) AllER 1169 Improperly conducted ruling proceedings are as good as no proceedings so there is nothing to confirm or dismiss before the court. The matter should therefore be struck off the roll.

IT IS ORDERED THAT

Application for confirmation of a ruling in the matter between Tonderai Mudavanhu and Meatsengo Butchery being bad at law and being in breach of the law set out in Isoquant (Supra) it be and is hereby struck off the roll with each party bearing own costs.

Julajulah  Law Chambers, Respondent’s Legal Practitioner