Zimbabwe Revenue Authority v Misheck Chaturuka

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IN THE LABOUR COURT OF ZIMBABWE HELD AT HARARE 8TH
JUDGMENT NO. LC/H/234/25
CASE NO. R-LCH/06/21
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IN THE LABOUR COURT OF ZIMBABWE HELD AT HARARE 8TH MAY 2025

AND

In the matter between

JUDGMENT NO. LC/H/234/25

CASE NO. R-LCH/06/21

ZIMBABWE REVENUE AUTHORITY	APPELLANT (ZIMRA)

And

MISHECK CHATURUKA	RESPONDENT

BEFORORE THE HONOURABLE MRS JUSTICE MAKAMURE , JUDGE.

FOR THE APPELLANT : N. MUGANDIWA FOR THE RESPONDENT :T. J.MAFONGOYA

MAKAMURE J:

In Judgment Number LC/H/64/ 2023 issued on 28 February 2023 this Court( Honourable Musariri J ) in an appeal between the present parties and on the same matter allowed the appeal and made the following order:

‘1.The appeal be and is hereby allowed;

The Labour Officer ‘s Determination dated 11December 2020 is set aside; and

The matter is remitted to the respondent’s highest disciplinary body for the determination of an appropriate penalty for the respondent’s act of misconduct within the next 60 (sixty) days.’

The grounds of appeal were:

‘1. The Labour Officer erred and misdirected himself in finding that Appellant wrongly charged the Respondent with a Category D 9 offence.

The Labour Officer erred and misdirected himself in finding that the Appellant was not grossly negligent in the exercise of his duties.

The Labour Officer erred and misdirected himself in finding that the Appellant conceded that the Respondent was not supposed to documentary checks(sic) as part of his duties when no such concession was made.

The Labour Officer erred and misdirected himself in finding that the Respondent was never trained to conduct checks on documents.’

The parties have now appeared and argued on the same grounds of appeal which resulted in the above quoted order. There was no explanation as to what happened to Judgment Number LC/H/64/23. No reference was made to it . I found this to be inappropriate.

There has to be an explanation indicating whether or not the above judgment was complied with.

Without any explanation it appears that this matter has already been decided by this Court on the same facts and between the same parties. Robert Dombodzvuku v CMED (Pvt) Ltd SC31/12. It is therefore not properly before this Court. The appropriate order appears below.

It is ordered that:

The appeal having been considered by this Court in Judgment Number LC/H/64/23, handed down on 28 February 2023, the matter is not properly before the Court and is accordingly struck off the roll.

KANTOR AND IMMERMAN , APPELLANT’S LEGAL PRACTITIONERS

MAFONGOYA AND MATAPURA LAW PRACTICE, RESPONDENT’S LEGAL PRACTITIONERS.