ConCourt nullifies UZ appeal in bursar labour dispute

The Constitutional Court has struck down the University of Zimbabwe's (UZ) appeal in a long-running labour dispute with its former bursar, Vengai Mugabe, declaring the 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 had acted without proper jurisdiction, effectively rendering their earlier judgments void.

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

Mugabe, who was appointed as UZ bursar on a fixed-term contract from July 2017 to June 2021, was dismissed after reported clashes with university management. A labour officer later awarded him US$323,036 in compensation for unfair dismissal, a decision UZ unsuccessfully challenged in higher courts.

Representing Mugabe, attorney Tawanda Zhuwarara argued that the earlier rulings violated his client's constitutional rights. "The judgments infringed fundamental rights enshrined in sections 56 and 71 of the Constitution and amounted to an arbitrary deprivation of property," Zhuwarara said.

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

Justice Rita Makarau, concurring with the lead judgment, criticised the lower courts' handling of the case, describing their failure to address key preliminary issues as "unacceptable" and detrimental to fairness.

Declaring both earlier rulings void, the Constitutional Court concluded that the proceedings had been "fraught with irregularities," effectively resetting the case and reaffirming the need for strict adherence to jurisdictional and procedural requirements in labour disputes.