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ISOQUANT INVESTMENTS (PVT) LTD v DARIKWA 2020 (1) ZLR 1268 (CC)

2020 (1) ZLR p1268

Citation

2020 (1) ZLR 1268 (CC)

Case No

Judgment No. CC-6-20

Court

Constitutional Court, Harare

Judge

Malaba CJ, Gwaunza DCJ, Garwe JCC, Makarau JCC, Gowora JCC,
Hlatshwayo JCC, Patel JCC, Guvava JCC & Bhunu JCC

Heard

30 May 2018

Judgment

15 June 2020

Counsel

O Shava with J Bamu, for the applicant
J Mambara, for the respondent

Case Type

Constitutional Application

Annotations

Flynote

Court – Constitutional Court – referral of matter to – proceedings in which constitutional matter arises must be validly before subordinate court – where proceedings not validly before lower court or tribunal, no referral possible

Employment – disputes – resolution of – conciliation and adjudication – distinction between – procedure to be followed during conciliation process – powers of a labour officer or designated agent – decision by designated agent in terms of s 63(3a) of Labour Act – not a draft ruling requiring confirmation by Labour Court – purported confirmation proceedings therefore nullity

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