Peacemaker Chakona v Rural Electrification Agency

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/513/2014
HARARE, 16 JULY 2014 &
CASE NO
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IN THE LABOUR COURT OF ZIMBABWE	  JUDGMENT NO LC/H/513/2014

HARARE, 16 JULY 2014 &				  CASE NO LC/H/106/2014

15 AUGUST 2014

In the matter between:

PEACEMAKER CHAKONA					APPELLANT

Versus

RURAL ELECTRIFICATION AGENCY				RESPONDENT

Before The Honourable L Kudya	:	Judge

For the Appellant      L Samunda & P Mahembe  (Trade Unionists)

For the Respondent   M Gapara (Legal Advisor)

KUDYA J:

This mater was set down as an appeal by the appellant employee against the respondent employer following disciplinary proceedings whose outcome was unfavourable to the appellant. On the set down date and in the papers filed of record the respondent raised two points at the outset. It is these two points which are the subject matter of this judgment.

The respondent took the first point that the notice of appeal was defective of an account of the fact that it was silent on the prayer sought by the appellant. It also took issue with the fact that the appeal grounds were defective to the extent that they lacked particularly on the gross misdirection which the appellant sought to allege and sought to be elevated to a point of law to suffice for appeal purposes.

In response to the points the appellant maintained in the main that the failure to cite the relief sought was not fatal as he had by reference incorporated it in his grounds of appeal. He also argued that his reference to gross misdirection sufficed to bring the appeal within the ambit of what constitutes a point of law and what can be properly pleaded in an appeal of this nature.

Both parties made reference to case law some of the copieswhich were even tendered by counsel from the bar to assist in the expeditious resolution of the matter. It is not this court’s intention to re-state these case and the principles enunciated in them as these are apparent on the face of same.

Applying the principles of the cases in question to the facts of the instant case it is clear that the appellant has fallen short of what is required as a proper appeal before the court and it is imperative that the defects in question be cured rather than to sacrifice compliance with the rules of court at the altar of expediency. In the result the points in limine being merited should succeed.

IT IS ORDERED THAT:

Points in Limine being merited be and are hereby upheld.

Appeal is consequently struck off the roll.

Each party bears own costs.