UZ loses labour dispute against ex-bursar

By Own Correspondent

The Constitutional Court has struck down the University of Zimbabwe's (UZ) appeal in a long-running labour dispute with former bursar Vengai Mugabe, declaring prior court proceedings "a nullity in every sense."

Delivering the judgment, Justice Anne-Mary Gowora ruled that both the Labour Court and the Supreme Court acted without proper jurisdiction.

"It has been made clear that there must be compliance with statutory requirements in order for the court to assert jurisdiction over matters," she said. "The lack of adherence to these procedural safeguards rendered the previous judgments ineffective and void."

Mugabe, appointed bursar on a fixed-term contract from July 2017 to June 2021, was dismissed following clashes with university management. A labour officer later awarded him US$323,036 for unfair dismissal, a ruling UZ unsuccessfully appealed.

Representing Mugabe, attorney Tawanda Zhuwarara said the earlier rulings "violated fundamental rights enshrined in sections 56 and 71 of the Constitution," adding that the Supreme Court's decision "was an arbitrary deprivation of property."

UZ's lawyer, G. Madzoka, countered that the application was "nothing more than a disguised appeal," arguing that the underlying issues had already been settled.

Justice Rita Makarau noted the "unacceptable" failure by lower courts to address preliminary points vital to fairness.

Declaring both earlier rulings void, the Court found the proceedings "fraught with irregularities."

 

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