Daniel Kamunongona and 499 Others v Great Zimbabwe University and 7 Others

### Preamble
1
HMA 24 -21
HC 224 - 18
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DANIEL KAMUNONGONA					1ST APPLICANT

ELISHA KUFAKUNESU						2ND APPLICANT

DORREN MADIRIRO						3RD APPLICANT

ABEL MUKOZHO							4TH APPLICANT

AUSTIN PISIRAI							5TH APPLICANT

MIRIAM CHIPOKA						6TH APPLICANT

KUDAKWASHE DZINOREVA					7TH APPLICANT

TSVERUKAI GUNANGA						8TH APPLICANT

CAESER CHENGETA						9TH APPLICANT

SANDRA JUDITH WATADZAUSHE				10TH APPLICANT

ABIGIRL MUGABE						11TH APPLICANT

SIMBARASHE GUMBATI						12TH APPLICANT

JOSEPHINE MUSHONGA						13TH APPLICANT

DONNAH TARUSIKIRWA					14TH APPLICANT

JULIA YULE							15TH APPLICANT

SNODIA MAGUDU							16TH APPLICANT

LELSON DHMBUZA						17TH APPLICANT

IRVINE TABENGWA						18TH APPLICANT

DAVIES KANGWARE MUTANDA				19TH APPLICANT

JACK CHITSIKE							20TH APPLICANT

CLEMENCE MUZONDO						21ST APPLICANT

YONA ALOUIS NYATHI						22ND APPLICANT

FAITH SIMON							23RD APPLICANT

MERCY MATAMBO						24TH APPLICANT

DANIEL TIRIVANHU						25TH APPLICANT

BEAUTY MUSEKIWA						26TH APPLICANT

MARY MATARUSE						27TH APPLICANT

LANGTON GOZA 							28TH APPLICANT

NGONIDZASHE CHAWADYA 					29TH APPLICANT

SHELTER MUTEMBWA 						30TH APPLICANT

ZIONE T. MPOSA 							31ST APPLICANT

TAWANDA NYAMAREBVU 					32ND APPLICANT

INNOCENT VERENGA 						33RD APPLICANT

VONGAI MAKUSHA 						34TH APPLICANT

HALIMANI DOUGLAS 						35TH APPLICANT

CAMPION CHIROBA 						36TH APPLICANT

JOHN MARUMBWA 						37TH APPLICANT

BIZAH DZIKAMAI SHOKO 					38TH APPLICANT

WILLIAM MAKUMBE 						39TH APPLICANT

JAMES GUVURIRO 						40TH APPLICANT

CONSTANCIA MANDUDE 					41ST APPLICANT

PAULINE MUPUNGU 						42ND APPLICANT

MUNAMATO CHEMHURU 					43RD APPLICANT

RICHARD TIVAKUDZE 						44TH APPLICANT

PROMISE CHINORWIWA 					45TH APPLICANT

CAMPION MUGORONGI 						46TH APPLICANT

JOSEPH MUSIYIWA 						47TH APPLICANT

WEBSTER MUVENGERWI 					48TH APPLICANT

ANTONIA NDOVE 							49TH APPLICANT

EUPHURAGE RUGARA 						50TH APPLICANT

ZAKIEL MUZONDIREVA 					51ST APPLICANT

PATRICK ZIMANO 						52ND APPLICANT

VONGAI CHIDUZA 						53RD APPLICANT

NATSAI PISIRAI 							54TH APPLICANT

JANE ZHOU 							55TH APPLICANT

PENDUKA MILLION 						56TH APPLICANT

KENIAS MAGAISA 						57TH APPLICANT

ISAAC PLATO 							58TH APPLICANT

PATRICK TARISAI PARIDZIRAI 				59TH APPLICANT

BATANAI PEDZISAI 						60TH APPLICANT

CHRISTOPHER GOZHO						61ST APPLICANT

JOANNAH TAKAINGOFA					62ND APPLICANT

TOFARA RUGARA							63RD APPLICANT

GARIKAYI MAKUYANA						64TH APPLICANT

DAVID CHENJERAI MUDONDO				65TH APPLICANT

EPHRAIM MATANDA						66TH APPLICANT

LEDWIN CHIMWAI						67TH APPLICANT

WATSON MUNYANYI						68TH APPLICANT

MISHECK DIZA							69TH APPLICANT

REDGES MANDIYAMBIRA					70TH APPLICANT

NOMERCY NDOMORO						71ST APPLICANT

PHOLOMINA CHIEDZA MBEDZI				72ND APPLICANT

MAVEZERA TINASHE FRADRECK				73RD APPLICANT

RUMBIDZAI ZANAMWE						74TH APPLICANT

ALBERT GANHURE						75TH APPLICANT

MUCHANETA DUBE						76TH APPLICANT

ZVIREGEYI PHIRI							77TH APPLICANT

MASUKU JEAN							78TH APPLICANT

TURUSIDA ALBERT BHIRI					79TH APPLICANT

COLLIN CHACHENGWA						80TH APPLICANT

STANSILAUS MUTUVIRA					81ST APPLICANT

EDSON KUMBIRAI						82ND APPLICANT

JOHN NGOMAYEZWI						83RD APPLICANT

CASIAN MAVHIMA						84TH APPLICANT

LIZZY NETSAI DHORO						85TH APPLICANT

TAFIREYI MASHAMBA						86TH APPLICANT

SHEPHERD DERECK CHIKUNI					87TH APPLICANT

CLOPAS KWENDA							88TH APPLICANT

TSITSI MARE							89TH APPLICANT

KUDZANAYI MAWEMA						90TH APPLICANT

FREDRECK MAPURISA 						91ST APPLICANT

MARTIN MAKWEZA 						92ND APPLICANT

AMSON MOYO 							93RD APPLICANT

NORBERTA MADZIVANYIKA					94TH APPLICANT

WILSON JETHRO BURENI					95TH APPLICANT

BARBRA PAKARIMWA 						96TH APPLICANT

SENZENI MLAMBO 						97TH APPLICANT

WAYMAN TAKAWIRA						98TH APPLICANT

RABSON MUJATI 							99TH APPLICANT

JOSIAH DUNATUNA 						100TH APPLICANT

ROSEMARY MACHUWE 						101ST APPLICANT

TAKAWIRA MASOMERE 					102ND APPLICANT

KUDAKWASHE NYATARE 					103RD APPLICANT

IGNATIUS MANYANYE 						104TH APPLICANT

MATILDA BHUNU							105TH APPLICANT

MELLISA BERE							106TH APPLICANT

FAMILIA ZIREBWA						107TH 	APPLICANT

JOROBIAM MAHONDO						108TH APPLICANT

TAPERA DUBE							109TH APPLICANT

SHERON MATAVIRE 						110TH APPLICANT

NHAMO MANGWANA						111TH APPLICANT

JEOFREY (DR) MTEMERI					112TH APPLICANT

LLOYD NHODO							113TH APPLICANT

TSORIYO WENDY WADZANAI					114TH APPLICANT

BERNARD (DR) CHAZOVACHII					115TH APPLICANT

G. DHLULA								116TH APPLICANT

WILLARD NYAMUBARWA					117TH APPLICANT

MUZVIDZIRWA RUTENDO FAITH				118TH APPLICANT

HONEST MUPANI							119TH APPLICANT

LUCAS KASENYA							120TH APPLICANT

MARTISON NHAMO						121ST APPLICANT

ALOIS MALULEKE						122ND APPLICANT

SIBANDA MUGANDYA						123RD APPLICANT

KUDAKWASHE MHASHU					124TH APPLICANT

LASTBORN NGOMAI						125TH APPLICANT

JANETH MATINGWENA						126TH APPLICANT

PARDON MUNYAKA						127TH APPLICANT

EMMANUEL MAZITI						128TH APPLICANT

SAMSON ZIVANAI							129TH APPLICANT

HERBERT ZIRIMA							130TH APPLICANT

CHIPO MUTONHODZA						131ST APPLICANT

GAMBE TAZVIONA						132ND APPLICANT

AGNES NATSAI SIGWADHI					133RD APPLICANT

JOICE MADIDIKE							134TH APPLICANT

OSWELL RUSINGA						135TH APPLICANT

MAXWELL CHUMA						136TH APPLICANT

COWEN DZIVA							137TH APPLICANT

MANASA SIBANDA DR						138TH APPLICANT

SHINGAI RUGARA							139TH APPLICANT

CHARLES DUBE							140TH APPLICANT

SIMBARASHE GUKURUME					141ST APPLICANT

ELIAS MADZUDZO						142ND APPLICANT

TAONA MUSEVA							143RD APPLICANT

GUMISAI TINOTENDA MUTANGI				144TH APPLICANT

JACOB TAGARIROFA						145TH APPLICANT

HARDLIFE STEPHEN BASURE					146TH APPLICANT

LEONARD CHIRENJE						147TH APPLICANT

JOSIAH TARU							147TH APPLICANT

CHITONGA (DR) LEONARD					148TH APPLICANT

MASHAVIRA NHAMO						149TH APPLICANT

MUSHUKU ALIMOS						150ST APPLICANT

CHINYANGANYA ITAI						151ST APPLICANT

MABIKU TERAH							152ND APPLICANT

NDLOVU COLLEN							153RD APPLICANT

BUSHE TADZOSERWA						154TH APPLICANT

MUROMBO SHYLET C.						155TH APPLICANT

MARONDEDZE EVAN TINASHE				156TH APPLICANT

JULY JAMES							157TH APPLICANT

MUCHACHA PATHIOS						158TH APPLICANT

CHIKUHWA H.T.							159TH APPLICANT

MOYO (DR) NATHAN						160TH APPLICANT

MAKAYE (DR) JERIPHANOS					161ST APPLICANT

MUFANECHIYA ALBERT					162ND APPLICANT

MANDIUDZA (DR) LEONA					163RD APPLICANT

MAKWARA CONVENCE ENOCK				164TH APPLICANT

RUZAVE JAMES							165TH APPLICANT

SAGIYA EZEKIEL ADROPH					166TH APPLICANT

MADONDO RODIA							167TH APPLICANT

TENDAI PRAYMORE						168TH APPLICANT

CHIGONGA MARTHER						169TH APPLICANT

MAGOGO JANETH						170TH APPLICANT

TAMBULA TSITSI SOPHINA					171ST APPLICANT

MAFUTA OSCAR							172ND APPLICANT

MUTUMBURANZOU RADIOS					173RD APPLICANT

CHINONDO PHILLIP						174TH APPLICANT

VUTETE NELSON							175TH APPLICANT

MUZEZEWA ABINAS						176TH APPLICANT

MAREGEDZE TOBIAS						177TH APPLICANT

ZIVENGWA GIBSON						178TH APPLICANT

NDOVE WEDZERAI						179TH APPLICANT

TOM PANGANAI							180TH APPLICANT

MUGABE PRISCA SENZIA					181ST APPLICANT

NYAKUWANIKWA MOSES 					182ND APPLICANT

ZIVANOMOYO JAMES 						183RD APPLICANT

TADERERA TRAINOS DONALD 				184TH APPLICANT

DHLIWAYO CLARAH 						185TH APPLICANT

CHIRAMBAMURIVO PETER 					186TH APPLICANT

MASHINGAIDZE RONIA 						187TH APPLICANT

MAKAMURE JABULANI 						189TH APPLICANT

HAMADZIRIPI CHIMBUNDE 					190TH APPLICANT

CHIBAYA NELSON 						191ST APPLICANT

MATEWU KURWAISIMBA 					192ND APPLICANT

MUDZIVIRO MAXWELL 						193RD APPLICANT

CHAMAIDA JOHN 							194TH APPLICANT

KAMBEU CHIPO 							195TH APPLICANT

MUWANDI MISHECK 						196TH APPLICANT

MAGUTU TAVAPA 						197TH APPLICANT

ELIZABETH NDLOVU 						198TH APPLICANT

MADUKE MARTHA 						199TH APPLICANT

DUBE SITHABILE 							200TH APPLICANT

CHIDZANA CHIDZANA 						201ST APPLICANT

MUKANDI TENDAI						202ND APPLICANT

CHIGWIDA HEDWICK						203RD APPLICANT

MARASHE JOEL							204TH APPLICANT

BHALA TIMOTHY							205TH APPLICANT

KADODO WEBSTER						206TH APPLICANT

RURINDA ELIAS							207TH APPLICANT

MSWAZIE (DR) JONATHAN					208TH APPLICANT

MAZURUSE (DR) MICKSON					209TH APPLICANT

CHINDEDZA (DR) WINNET					210TH APPLICANT

NYATONDO ROSE CONSTANCIA				211TH APPLICANT

CHIDOKO CLAINOS						212TH APPLICANT

MAKORE ALBERT							213TH APPLICANT

MUTEMBWA BENARD						214TH APPLICANT

DDZOMIRA (DR) SHEWANGU 					215TH APPLICANT

GUTU GUMISAI JACOB						216TH APPLICANT

MAWERE (PROF) MUNYARADZA				217TH APPLICANT

CHIWAURA HENRY						218TH APPLICANT

MANDOVA (DR) EVANS						219TH APPLICANT

DOMBO (DR) SYLVESTER					220TH APPLICANT

KONYANA (DR) ELIAS						221ST  APPLICANT

MASITERA (DR) ERASMUS					222ND APPLICANT

ZHOU SILIBAZISO							223RD APPLICANT

MAFONGOYA OWEN						224TH APPLICANT

DUBE LIKETSO							225TH APPLICANT

MAPETERE (DR) KUDAKWASHE				226TH APPLICANT

ZIMIDZI WEBSTER						227TH APPLICANT

MAHUNDI PLAXCEDIA						228TH APPLICANT

GONYE (ASS PROF) JAIROS 					229TH APPLICANT

MAREVA (DR) RUGARE						230TH  APPLICANT

JINGA (DR) NYARADZO						231ST  APPLICANT

MAPAKO FELIX PETROS					232ND APPLICANT

NYONI MIKA							233RD APPLICANT

MUNYARADZI GIVEWELL					234TH APPLICANT

RUNESU ESTHER							235TH APPLICANT

PEPUKE VICTOR							236TH APPLICANT

SHERENI NEVA							237TH APPLICANT

RUGARE SARAH							238TH APPLICANT

TONDE								239TH APPLICANT

CHINGWENDE OBVIOUS					240TH  APPLICANT

MALVIN BETA							241ST APPLICANT

MABHURENI JACKSON						242ND APPLICANT

MTERO BRIGHTON						243RD APPLICANT

CHIWOMBEREGWA TAFIRENYIKA				245TH APPLICANT

MLAMBO NOEL							246TH APPLICANT

MANDAVA NEEDMORE TAWANDA				247TH APPLICANT

MAVUNDA MERCY 						248TH APPLICANT

NDINDE SHADRECK						249TH APPLICANT

MUTEMACHIMWE TENDAI					250TH APPLICANT

SHAMANO (DR) PENIAH						251ST APPLICANT

DUBE (DR) EDMORE						252ND APPLICANT

HUMBE BERNARD PINDUKAI					253RD APPLICANT

MADZOKERE (REV) NYASHA					254TH APPLICANT

PHIRI MUNYARADZI						256TH APPLICANT

MASAKA (DR) DENNIS						257TH APPLICANT

MAZURU MICHAEL						258TH APPLICANT

MAKAUDZE (ASS. PROF) GODWIN				259TH APPLICANT

MUROMBEDZI TENDAYI					260TH APPLICANT

MUSARA OTINIEL							261ST APPLICANT

SAUNGWEME TALKNICE					262ND APPLICANT

GUMBO LINDA CHENGETANAI				263RD APPLICANT

MUNYARADZI DUVE						264TH APPLICANT

MOYO TALAK							265TH APPLICANT

CHIBAYA TENDAI							266TH APPLICANT

MUNONGO K. SHALLONE					267TH APPLICANT

SIMION MATSVAI							268TH APPLICANT

HLUPEKO DUBE							269TH APPLICANT

MUFANDAEDZA SHYLET					270TH APPLICANT

MADOYI NELSON							271ST APPLICANT

MAKARA SIMBARASHE						272ND APPLICANT

MATURURA GIFT							273RD APPLICANT

BEUCKS MARISA MUSIYAMWA				274TH APPLICANT

IRENE GORE							275TH APPLICANT

CHUMA LORRAINE						276TH APPLICANT

MATANHIRE TINEYI						277TH APPLICANT

MUZENDA TENDAI EUNICE					278TH APPLICANT

MATOWE TATENDA						279TH APPLICANT

MWALE REPAI							280TH APPLICANT

KASENYA SIBIZIWE						281ST APPLICANT

MAPANZURE SUSAN NAMATIRAI				282ND APPLICANT

MAGUTA GETRUDE						283RD APPLICANT

MAPAKO CECILIA NYEVERAI					284TH APPLICANT

CHAKANYUKA SHUMBISAI					285TH APPLICANT

BEREJENA SIMBARASHE KUDAKWASHE			286TH APPLICANT

CHIDO MUCHENURWA						287TH APPLICANT

RACHAEL MUROVE						288TH APPLICANT

JOSELINE CHITOTOMBE					289TH APPLICANT

POLITE MASVAURE						290TH APPLICANT

EPHRAIM CHIFAMBA						291ST APPLICANT

STEPHEN MUSHORIWA						292ND APPLICANT

BEHAVIOUR CHINANGA						293RD APPLICANT

CHARLES MUCHADYA						294TH APPLICANT

C. MANDUDE							295TH APPLICANT

GLADYS JONAS							296TH APPLICANT

WADZANAYI CHIVAMBA					297TH APPLICANT

HICKONIKO LOICE						298TH APPLICANT

ADMIRE MUTSINDIKWA					299TH APPLICANT

CALVIN BAMBA							300TH APPLICANT

LIBERTY ZIDANA							301ST APPLICANT

MUTAMBI MUTAMBU						302ND APPLICANT

PATIENCE MAKESE						303RD APPLICANT

FREEDMAN JOHN CHUMA					304TH APPLICANT

WINIDZI MAKUMBE						305TH APPLICANT

JOE OSCAR								306TH APPLICANT

LOVEMORE MWANENGERA GUNANGA			307TH APPLICANT

SIFIKILE SIBANDA						308TH APPLICANT

SINIWA LOVERETTA						309TH APPLICANT

EVELINE MUSHAVAIRE						310TH APPLICANT

REBECCA BANDA							311TH APPLICANT

ZODWA DUBE							312TH APPLICANT

VONGAI MAKUMBE						313TH APPLICANT

PHAROAH GOZO							314TH APPLICANT

MODLINE MUTEMA						315TH APPLICANT

PEDZISAI MUDYAHOTO						316TH APPLICANT

RUMBIDZAI SIBANDA						317TH APPLICANT

MARKS MUWANIKI						318TH APPLICANT

FIONA SHUMA							319TH APPLICANT

REBECCA MACHAWU						320TH APPLICANT

BRIGHTON MUKAKA						321ST APPLICANT

GRACE KAMWAZA						322ND APPLICANT

RHODA NGIRAZI							323RD APPLICANT

JEALOUS CHAITA							324TH APPLICANT

WINNIE BUNU							325TH APPLICANT

JIMMY NICHOLAS KAMBIZI					326TH APPLICANT

OLIVARTH GUVURIRO						327TH APPLICANT

SEBITAH MAGRET MABURUTSE				328TH APPLICANT

THEBE SIMANGENKOSI						329TH APPLICANT

MUKOTO MUKOTO						330TH APPLICANT

CHIEDZA LINDA MAZHARA					331ST APPLICANT

ZINYEKA SESEDZAI						332ND APPLICANT

MARIA TAFUMA							333RD APPLICANT

PATRICIA MANDIYAMBIRA					334TH APPLICANT

BRIAN BANDA							335TH APPLICANT

LAIZA CHENGETANAI						336TH APPLICANT

MONICA CHINYAMA						337TH APPLICANT

PETER MATSIKA							338TH APPLICANT

SITHEMBISO NCUBE						339TH APPLICANT

RURAMAI MADOYI						340TH APPLICANT

SOFFIE NYAJENA							341ST APPLICANT

MARCHFORD MAKAHAMADZE				342ND APPLICANT

MERJURY MAJANGE						343RD APPLICANT

EPHRAIM MAFUVA						344TH APPLICANT

TAHONGAI FORTUNATE DAMBUDZO			345TH APPLICANT

GEORGINA MAGWERE						346TH APPLICANT

BENISA CHITIGA							347TH APPLICANT

CLEMENCE CHIGUDU						348TH APPLICANT

MIKE NYARADZO							349TH APPLICANT

VONGAI MASUNDA						350TH APPLICANT

THANDIWE DHLULA						351ST APPLICANT

NOMATTER SIBINDI						352ND APPLICANT

COSMAS GODFREY CHEMBESI				353RD APPLICANT

ERASMUS HAMADZIRIPI					354TH APPLICANT

TAKESURE KWASHIRAI						355TH APPLICANT

BLESSING MUREVESI						356TH APPLICANT

MUNYARADZI MUTSIKIWA					357TH APPLICANT

RABSON MAGWEVA						358TH APPLICANT

LOVERAGE CHAKAZAMBA					359TH APPLICANT

JILSON ZIMUTO							360TH APPLICANT

ALEXANDER MAPFUMO						361ST APPLICANT

LIBERTY NGWARU						362ND APPLICANT

PHILLIPA CHIMAMBANI					363RD APPLICANT

CHIPO CHINODA							364TH APPLICANT

CHIDYA MUBAIWA						365TH APPLICANT

BEAULAR MPOFU							366TH APPLICANT

PHINIAS NGATIANE						367TH APPLICANT

JERICHO GAPU							368TH APPLICANT

GRACE MANDZA							369TH APPLICANT

ALIBETI VUSHE							370TH APPLICANT

TAVA INNOCENT MAVEZA 					371ST APPLICANT

EDNA MAZAMBE							372ND APPLICANT

MERCY SHARARA							373RD APPLICANT

NYASHA TAVANHU						374TH APPLICANT

FORTUNATE KUMUTSANA					375TH APPLICANT

MUNYARADZI KUSEKA						376TH APPLICANT

LYDIA CHABUDA							377TH APPLICANT

R. MATINGWINA							378TH APPLICANT

MACHEKA MAVIS THOKOZILE				379TH APPLICANT

VIOLET MAKWARA						380TH APPLICANT

SHAMISO SANANGURA						381ST APPLICANT

SNYLET KUFAKUNESU 						382ND APPLICANT

NOMATTER BANGA 						383RD APPLICANT

REASON MUGANU						384TH APPLICANT

PURITY MUSVOSVI						385TH APPLICANT

EDETH CHITAMBA						386TH APPLICANT

FREDRICK CHITSA						387TH APPLICANT

ELLEN DZOKEGWI MUZENDA					388TH APPLICANT

ROSEMARY KATURI						389TH APPLICANT

I N S MUYANGA 							390TH APPLICANT

CLEMENCE MUGUDUBI						391ST APPLICANT

GILBERT KADZUNGE						392ND APPLICANT

BENEDICT SHONAI MAGUVAZA				393RD APPLICANT

NYARADZO NJANJI						394TH APPLICANT

MEMORY FUNGISAI GANDE 					395TH APPLICANT

JENIPHER CHIKWASHIWA					396TH APPLICANT

SHAMISO GAVAZA						397TH APPLICANT

TENDEKAI KANOUPANDU					398TH APPLICANT

PHELEX NJOVO							399TH APPLICANT

NYANYI MUKACHI						400TH APPLICANT

ELIWAT MHIKE							401ST APPLICANT

JANE PISIRAI							402ND APPLICANT

SIYAI POSVO							403RD APPLICANT

ISIMAERI MAHACHI						404TH APPLICANT

ALBERT MUWODZERI						405TH APPLICANT

SIMBARASHE NHARI						406TH APPLICANT

MHURAI MUTODA						407TH APPLICANT

JEMINOS CHAZA							408TH APPLICANT

JULIANA MUNIKWA						409TH APPLICANT

JORDAN MANYIKA						410TH APPLICANT

SIMON ANTONIO							411TH APPLICANT

AARON DUBE 							412TH APPLICANT

EUNICE MUSIMWA						413TH APPLICANT

FORTUNE NGUVO							414TH APPLICANT

TAWANDA MAIMBA 						415TH APPLICANT

BRIGHT MAHWEHWE						416TH APPLICANT

JUDITH NKONDE							417TH APPLICANT

TENDEUKAI MAPITA						418TH APPLICANT

NGONI MADZANA							419TH APPLICANT

DANMORE NYAWO						420TH APPLICANT

ADMORE MASHOKOH						421ST APPLICANT

RANGARIRAI CHABATA						422ND APPLICANT

INOCENT MAGWEDE						423RD APPLICANT

MANHIVI TINARWO						424TH APPLICANT

BRIAN CHAWIRA							425TH APPLICANT

SIMON JARICHA							426TH APPLICANT

CHISHARIRWA NYOVHANI					427TH APPLICANT

ANDREW CHIVHENGE						428TH APPLICANT

MELODY MADHOMBIRO					429TH APPLICANT

DIANAH MUGODI							430TH APPLICANT

SESTINO MAJOR							431ST APPLICANT

MUNYARADZI NYAKURAYI					432ND APPLICANT

EDMORE KUTADZAUSHE					433RD APPLICANT

TOGARA MUSHEKWA						434TH APPLICANT

NEVUMA NGWARU						435TH APPLICANT

SOLOMON MARIME						436TH APPLICANT

AVERY MAITERA							437TH APPLICANT

ALOUIS MUZORAVA						438TH APPLICANT

GODWIN ZVIDZA							439TH APPLICANT

ACTION HUNDIVENGA						440TH APPLICANT

PRISE MUYAMBO							441ST APPLICANT

MIKE DHUVAI							442ND APPLICANT

BEZEL BAYANI							443RD APPLICANT

KNOWLEDGE MAMIRE						444TH APPLICANT

MODLINE MABWINYE						445TH APPLICANT

STEPHEN MUBWANDA						446TH APPLICANT

KELVIN SIMBARASHE WASHAYA				447TH APPLICANT

RICHARD MAZURU						448TH APPLICANT

SOLOMON MUDZINGO						449TH APPLICANT

ALPHONCE MAKWARA						450TH APPLICANT

ZIMUCHA PASSMORE						451ST APPLICANT

BELIGHT CHIDARARA						452ND APPLICANT

SALIWE NEGANDA						453RD APPLICANT

MUSIIWA CHAKAUYA						454TH APPLICANT

MICHAEL RUNESU SHAMU					455TH APPLICANT

TAMIRIRA MAPEPA						456TH APPLICANT

DAMBUDZO MAPEPA						457TH APPLICANT

COSMOS MOYO							458TH APPLICANT

CUTHBERT MAKUVARA 					459TH APPLICANT

ESINATH CHITONGA						460TH APPLICANT

ALICE KUFAKUNESU						461ST APPLICANT

TRUST MBERENGWA						462ND APPLICANT

BRIAN MUKONDO							463RD APPLICANT

GIFT DAMA								464TH APPLICANT

LAZARUS MAFUKA						465TH APPLICANT

PIO MUTOMBERA							466TH APPLICANT

NAUNDE MUDHAKWA						467TH APPLICANT

ANDIRAS GUNDAI							468TH APPLICANT

CHRISTIAN MUZENDA						469TH APPLICANT

EPHRAIM BAYAI							470TH APPLICANT

NELSON SANANGURAI						471ST APPLICANT

ELIAS MAPFUMO							472ND APPLICANT

JOICE MAKUMIRE						473RD APPLICANT

ALEX MUVHEYI							474TH APPLICANT

PRIVILEDGE MACHUWAIRE					475TH APPLICANT

HELLEN TAVENGWA						476TH APPLICANT

VAKAI MAPEPA							477TH APPLICANT

EPHRAIM MUGARI						478TH APPLICANT

OTILIA DZVIRIRI							479TH APPLICANT

RURAMAI MARECHA						480TH APPLICANT

NORMAN MARIME						481ST APPLICANT

MENARD MADZIMA						482ND APPLICANT

MAVIS DHEMA							483RD APPLICANT

PHILLIPA FUNGAI DZINGIRA					484TH APPLICANT

PHILLIPA MUDZIKISI						485TH APPLICANT

CHIKUNI PLAXEDES						486TH APPLICANT

CHAMISA MUTEMACHIMWE					487TH APPLICANT

FARAI MAMBOHWA						489TH APPLICANT

SAMSON HWARARI						490TH APPLICANT

CATHERINE MUSARURWA					491ST APPLICANT

SHEPHERD CHINOFUNGA					492ND APPLICANT

AUGUSTINE MBINDAH						493RD APPLICANT

BELINDA DIYA							494TH APPLICANT

WINNET MUTUDZA						495TH APPLICANT

ITAI DARIKAI 							496TH APPLICANT

ALFORD KAMIDZA						497TH APPLICANT

SHEPHERD MANZANGA						498TH APPLICANT

WILSON KHUMALO						499TH APPLICANT

FALECK MUZUNGU						500TH APPLICANT

TERENCE MUCHACHA						501ST APPLICANT

BERNARD MUKWENDE						502ND APPLICANT

JOSEPH FASHU							503RD APPLICANT

VUYAYIMOSE MAPEPA						504TH APPLICANT

PIET MUPARURI							505TH APPLICANT

CHENJERAI SHUMBAIWE					506TH APPLICANT

SIMON MBENENE							507TH APPLICANT

FAUEL MAPIYE							508TH APPLICANT

URAYAI CHIFAMBA						509TH APPLICANT

RAKABOPA GILGERT						510TH APPLICANT

TOMAS CHARUMANGWE					511TH APPLICANT

SERVEMORE MACHINGURA					512TH APPLICANT

FORTUNATE MASVOBHO					513TH APPLICANT

FARISAI MUDYAHOTO						514TH APPLICANT

ASANIEL MANYUDZA						515TH APPLICANT

CHIPO MANDISHONA						516TH APPLICANT

MARGIE JONHERA						517TH APPLICANT

vs

GREAT ZIMBABWE UNIVERSITY				1ST RESPONDENT

KAINOS MVERECHA						2ND RESPONDENT

SINIKIWE GWATIDZO						3RD RESPONDENT

JOHN JAMELA							4TH RESPONDENT

ANDRIAS CHINYOKA						5TH RESPONDENT

DEVISON PAKAI							6TH RESPONDENT

JABULANI DENHERE						7TH RESPONDENT

EPHRAIM GWARAVANDA					8TH RESPONDENT

HIGH COURT OF ZIMBABWE

WAMAMBO J

MASVINGO, 13 June,2019 & 23 April, 2021

Opposed matter

C. Mucheche for the applicant

M. Jaravaza for the respondents

WAMAMBO J:   	The applicants seek the following relief: -

The Great Zimbabwe University Pension Fund Benefit Reduction Resolution dated 19 January 2017 pursuant to a meeting of the respondents held on 8th of December 2016 at Masvingo in terms of which the employer contribution rate was reduced from 17,29%  to 7,5% effective October 2012 and the Group Life Assurance benefit was reduced from four times to two times annual salary effective 1st January 2017 is declared invalid, unlawful in its entirety and consequently set aside and the status quo ante is restored.

The first respondent shall reinstate all the applicants original pension benefit in the form of employer contribution rate of 17,29% and Group Life Assurance benefit of four times annual salary with retrospective effect reckoned from such effective date of reduction.

The respondents shall pay costs of suit on a legal practitioner client scale jointly and severally the one paying, the other to be absolved.

The background to the matter is as follows;

The applicants are employed by the 1st respondent in various capacities as academic and non-academic staff. First respondent is the Great Zimbabwe University Second to eight respondents are members of the Board of Trustees of Great Zimbabwe University (hereinafter referred to as the Board of Trustees) who made the decision at the centre of the dispute. On 17 January 2017 the Board of Trustees pursuant to a meeting held on 8 December 2016 resolved as follows:

"To formalise the reduction of employer contribution rate from 17,29% to 7,5% which is what the government is paying for all state universities effective October 2012. To reduce Group Life Assurance benefit from four times to two times annual salary effective 1st January 2017. This decision was reached after intense discussions to realign risk benefits and retirement benefits. This was meant to boost retirement benefits for members as it was noted that there was no surrender value of GLA if members did not die but proceed to retire.

The vote was unanimous in favour of the resolution."

It is the above decision which the applicants seek to impinge in this application.

The respondents are opposed to the application. The respondent however raised points in limine. The points in limine raised are as follows:

Citation of 2nd to 8th respondent is irregular and renders the application a nullity

The citation of 1st respondent is irregular. Flowing from the 1st and 2nd points in limine it was submitted that the purported application is a nullity as there are no respondents before the court.

The fourth point in limine is that the application is invalid because the applicants chose the application procedure wherein there are discernible disputes of fact.

The fifth point in limine raised is that citation of the Trustees of the Pension Fund in their personal capacities is irregular and renders the application a nullity.

It can be gleaned from the above that the central or main point in limine when one considers all of the points in limine as a whole, is that the respondents were cited wrongly and improperly. The other point in limine deals with the submission that the application procedure was improperly and wrongly employed in a matter where there are discernible disputes of facts incapable of resolution in an application. Flowing there from is that the applicants should have proceeded by way of trial procedure.

Mr Jaravaza for the applicants made detailed submissions in support of the points in limine raised. These can be summarised as follows:

2nd to 8th respondents are cited in their personal capacities yet they are referred to in the application as trustees of the Board of Trustees. The applicants should have proceeded against the Great Zimbabwe University Pension Fund. In the circumstances there are effectively no respondents. Citation of the 2nd to 8th respondents in their personal capacities was wrong at law as it should have been alleged that their conduct was beyond their official duties.

It was further submitted that there was a mis-citation as opposed to a misjoinder. It was submitted that 1st respondent does not administer the Pension Fund and is not the one which set up or came up with the decision which applicants seek to impugn.

It was pointed out that disputes of fact encapsulated in the heads of argument favoured the action as opposed to the application procedure.

Mr Mucheche for the respondents was clearly of a different view. He argued that 2nd to 8th respondents were not cited in their personal capacities but as trustees who were part of the decisions that are central to this application.

He cited Rule 87 of the High Court Rules, 1971 of which reads in part as follows:

No cause or matter shall be defeated by reason of the misjoinder or non-joinder of any party and the court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interest of the persons who are parties to the cause of matter."

Mr Mucheche further relied on sections 170-171 of the Constitution. He also relied on Rule 4 C of the High Court Rules 1971, which provides as follows:

"The court or a Judge may in relation to any particular case before it or him, as the case may be-

direct, authorised or condone a departure from any provision of these rules, including an extension of ay period specified therein where it or he, as the case may be, is satisfied that the departure is required in the interests of justice

give such directions as to procedure in respect of any matter not expressly provided for in these rules as appear to it or him, as the case may be to be just and expedient it was submitted for the applicants that the 2nd to 8th respondents were party to an illegal decision. Further that 1st respondent is deeply linked to the Great Zimbabwe University Pension Fund as without the 1st respondent there would be no Great Zimbabwe University Pension Fund. That 1st respondent is implicit an accomplice in the illegal decision which caused prejudice to the applicants during and after their lifetime”.

It was also submitted that there are no material disputes of fact and in any case that the Court can adopt a robust approach.

In Marange Resources (Private) Limited v Core Mining and Minerals (Private) Limited (in liquidation) Moses Chinhengo (Retired Judge) N.O, President of the Law Society of

Zimbabwe N.O, Attorney General of Zimbabwe N.O SC 37/16. The Supreme Court at page 7 is stated as follows: The need for the proper citation of the parties is highlighted in Cilliers AC. estal in Hebster and van Winsen's. The Civil Practice of the High Courts of South Africa, 5th Edition vol 1 page 143 as follows:

"Before one cites a party in a summons or in application proceedings, it is important to consider whether the party has locus standi to sue or be sued (legitima persona standi in Judicio) and to ascertain what the correct citation of the party is."

At page 9 of the said Marange Resources Private Limited judgement (supra) the Supreme Court said: -

"The case of CT Bolts Pvt Ltd v Workers Committee SC 16/12 involved a wrong respondent and it was held that a workers committee not being a legal persona is not properly before this court. The proceedings as before the Labour Court and prior to that the arbitrator were similarly void.

Again a wrong party this time an applicant sued in Gweru Water Workers Committee v City of Gweru SC 25/15 and MALABA DCJ remarked as follows:

"The appellants claimed on behalf of the employees. If workers committee can only represent the interests of the employees who appointed or elected it at the workplace. It cannot substitute itself for the employees and claim their rights in litigation. The right to sue accrues to the employees and their individual capacities can enforce the rights. The employees would be claiming rights under contracts of the employment within their employer. A universitas personarum would not have a right to sue for those rights when it is not party to any of the contracts of employment. Representation in terms of S24(1) of the (Labor Act) and does not mean that a person or body would have the right to substitute itself in place of the employees is party to the proceedings. Thus the fate of an application while a wrong party is cited as clear. "The proceedings cannot be sustained".

First respondent’s pension scheme is administrated by the Great Zimbabwe University Pension Fund which is registered in terms of section 5 of the Pension and Provident Funds Act

[Chapter 24:09].

One of the effects of registration of the fund is that it shall become a body corporate which can sue or be sued in its corporate name.

The Pension Fund is not administered by any of the respondents. Admittedly 1st respondent is the employer of the applicants but the 2nd to 8th respondent are also clearly not the administrators of the Pension Fund. That they made the decisions or passed the resolution directly affecting the applicants does not make them administrators of the Pension Fund.

I find in the circumstance that the respondents were wrongly cited in the sense that they should not have been parties in this matter. As earlier mentioned the miscitation of the respondents makes up the bulk of the points in limine through divided into separate points.

It has not been advanced to me nor have I found a legal basis on which applicants should have been sued in their individual capacities in the circumstances of this case.

I cannot employ Rule 4C of the Rules in the circumstances of this case. Clearly Rule 4C is applicable where there is a departure "from any provision of these rules"

It cannot be argued on the other hand that the respondents are properly cited and then that Rule 4C should be employed. Why should Rule 4C be used when there has not been any departure from the Rules because according to applicants the respondents are properly before the Court. Upon finding that the respondent were miscited I need not deal with the issue of the disputes as raised by respondents.

I therefore uphold the points limine on the miscitation of the respondents.

To that end, I make the following order:

The application is struck off from the roll.

The applicants shall pay costs of   suit jointly and severally the one paying the other to be absolved.

Caleb Mucheche and Partners, applicants’ legal practitioners

Dzimba Jaravaza and Associates, respondent’s legal practitioner.