WOMEN’S University IN Africa V Shepherd Vazhure

### Preamble

IN THE LABOUR COURT OF ZIMBABWE

JUDGMENT NO LC/H/155/2025

HARARE, 30 JANUARY, 2025

CASE NO LC/H/1213/24

WOMEN’S UNIVERSITY IN AFRICA

APPLICANT

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IN THE LABOUR COURT OF ZIMBABWE JUDGMENT NO LC/H/155/2025

HARARE, 30 JANUARY, 2025 CASE NO LC/H/1213/24

WOMEN’S UNIVERSITY IN AFRICA APPLICANT

SHEPHERD VAZHURE RESPONDENT

Before the Honourable G. Musariri, Judge:

For Applicant - T. Kabuya, Attorney

For Respondent - E. Nyakunika, Attorney

MUSARIRI, J:

Applicant applied to this Court for condonation of a belated application for leave to appeal the judgment LCH 407/24 to the Supreme Court. Respondent opposed the application.

Respondent raised points in limine but the crucial point is whether the Labour Court Rules, 2017 provide for the application.

The title to the court application stated that;

“Made in terms of Rule 14, 32(a) and Rule 43(1) of the Labour Court Rules, 2017 as read with Section 92F of the Labour Court Act (Chapter 28:01.”

Section 92F of the Labour Act Chapter 28:01 provides that an aggrieved party may appeal the Labour Court’s judgment to the Supreme Court on certain terms. Rule 43(1) provides that the appeal must be filed within twenty-one days of the impugned judgment. In casu, applicant failed to appeal the impugned judgment within the prescribed period. Hence the present application for condonation.

The Rules provide for condonation in Rule 22 as follows;

“(1.) A party wishing to apply for condonation of the late noting of an appeal or review shall do so inform LC1.”

In other words the Rule provides condonation for belated appeals or reviews. It does not provide condonation of a belated application for leave to appeal. Applicant to dribble past the hurdle by reliance upon Rules 14 and 32(a).

Rule 14 has five sub-rules none of which speak to application for leave to appeal let alone condonation. Rule 32(a) reads;

“32. At any time before or during the hearing of a matter a Judge or the Court may

direct, authorise or condone a departure from any of these rules, including an extension of any period specified therein, where the Judge or Court is satisfied that the departure is required in the interests of justice, fairness and equity;”

The rule provides for condonation before or during the hearing of a matter which is pending before the Court. Condonation before the filing of a matter is available under Rule 22 which does not encompass applications for leave to appeal. Therefore the present application is not provided for by the Rules. It cannot be entertained by the Court. This conclusion is consonant with the dicta in;

NRZ V ZRAU 2005(1) ZLR 341(S)

Per Ziyambi JA at 347A

“Thus before an application can be entertained by the Labour Court, it must be satisfied that such an application is an application ‘in terms of this (Labour) Act or any other enactment.’ This necessarily means that the Act or other enactment must specifically provide for applications to the Labour Court, of the type that the applicant seeks to bring.”

The application amounts to a nullity for lack of a valid basis in the applicable Rules of Act/s.

Wherefore it is ordered that,

The application for condonation of a belated application for leave to appeal, be and is hereby struck off the roll as a nullity; and

Each party shall bear its own costs.

G. MUSARIRI

J-U-D-G-E