Judgment No. SC 39/2015
Civil Appeal No. SC 8/15
- COSMAS BUNGU (2) THE EXECUTIVE COMMITTEE HARARAE MUNICIPAL WORKERS UNION (3) THE HARARE MUNICIPAL WORKERS UNION
(1) JOHN MAKARUDZE (2) MAXWELL MUNONDO
SUPREME COURT OF ZIMBABWE
HARARE, JUNE 30, 2015
T Mpofu, for the appellants
A Debwe, for the respondents
ZIYAMBI JA: This matter was dealt with in the court a quo as a stated case.
At the hearing of the appeal certain issues arose which had not been canvassed by the parties in the court a quo: for example, the issue of the validity of Clause 5 (a) of the new Constitution and the propriety of the dismissal of the respondents by the appellants.
These issues have a bearing on the issues that fell for determination by the court a quo in the stated case.
In the circumstances we are of the view that the appropriate course to take would be to remit the matter to the court a quo so that all the issues can be properly ventilated in a trial.
Accordingly we make the following order:-
- The matter be and is hereby remitted to the court a quo for continuation.
- The parties are given leave to convene another Pre-trial Conference to agree on the issues to be determined at the trial and the filing of any further pleadings which may be necessary.
- Costs are to be in the cause.
GARWE JA: I agree
GUVAVA JA: I agree
Matsikidze & Mucheche, appellants’ legal practitioners
Debwe & Partners, respondents’ legal practitioners