Nathaniel Fungai Samhembere v Gateway Schools Trust

### Preamble
JUDGMENT NO LC/H/422/25
IN THE LABOUR COURT OF
CASE NO LC/H/628/25
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IN THE LABOUR COURTOF ZIMBABWE HELD AT HARARE

29 OCTOBER 2025

JUDGMENT NO LC/H/422/25 CASE NO LC/H/628/25

In the matter between:

NATHANIEL FUNGAI SAMHEMBERE	APPLICANT AND

GATEWAY SCHOOLS TRUST	RESPONDENT

Before the Honourable Tsikwa J

In chambers.

TSIKWA, J: This was an application for condonation for late filing of heads of argument and extension of time within which to file same brought in terms of Rule 22 of the Labour Court Rules, 2017. The matter was set down for hearing today.

On 25 October 2025, the legal practitioners, Samukange Hungwe Attorneys, wrote to the Registrar advising that the applicant had also filed an application for review under case number LCH/509/25. Further, it was indicated that the case was heard before Justice Murasi who granted the following order:

Application for review is hereby granted.

The decision of the 1st respondent finding the applicant guilty of misconduct culminating in his dismissal is hereby set aside.

The matter is remitted for a hearing denovo before a different Disciplinary Authority which hearing shall take place within sixty (60 days) from the date of this order.

The 2nd respondent to meet the applicant’s costs.

In light of the above order, it is apparent that this application has been overtaken by events. The appeal can no longer proceed because the decision that the applicant intended to challenge has been set aside.

In the premises, the court therefore orders as follows:

The application for condonation be and is hereby struck off the roll.

There is no order as to costs.

TSIKWA J