Kamunongona and 516 Others v Great Zimbabwe University And 7 Others (24 of 2021) [2021] ZWMSVHC 24 (23 April 2021)


29

HMA 24 -21

HC 224 - 18


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

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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: -

  1. 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.

  2. 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.

  3. 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:

  1. 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-

  1. 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



  1. 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:

  1. The application is struck off from the roll.

  2. 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.

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