NET-ONE CELLULAR (PVT) LTD v MINISTER OF LABOUR & ANOR 2015 (1) ZLR 291 (H)

2015 (1) ZLR p291

Flynote

Constitutional law – Constitution of Zimbabwe 1980 – Declaration of Rights – s 16 – protection against deprivation of property – s 21 – right to freedom of association – requirement for employer to register with National Employment Council for industry and to pay subscriptions to council – breaches of employer's constitutional rights – statutory provision that employers in particular industry bound by CBAs for that industry – not a breach of employer's constitutional right to freedom of association

Court – High Court – jurisdiction – constitutional matters – court having power to issue declaratur in such matters and to strike down legislation

Employment – employment councils – right of employer not to be member of council and not to pay subscriptions – collective bargaining agreement – binding nature of – binding on employers in industry even if employer not a member of employment council