Court dismisses Sikhala’s application

Justice Clever Tsikwa ruled that the employer did not follow the mandatory retrenchment procedure before directing the employee to stop reporting for duty. “The court comes to the conclusion that there was no retrenchment to talk about and the decision of the arbitrator cannot be faulted,” the judge said. “This application is a clear example of unnecessary delays in the administration of justice. It has no merit,” said Justice Chiweshe.

Prosper Dembedza Court Correspondent

Harare Magistrate Mr Stanford Mambanje has dismissed an application by legislator Job Sikhala to have his matter referred to the Constitutional Court.

Sikhala is charged with publishing false statements prejudicial to the State.

In dismissing the application, Mr Mambanje said if the court finds that the application is frivolous or vexatious, it will dismiss it but if it finds that its not, then it will refer it to the Apex Court.

“The court believes that the application is premature and not ripe to be referred to the ConCourt,” he said.

Mr Mambanje said the court finds the application frivolous and vexatious and therefore must be dismissed.

In his application Sikhala said he wants the ConCourt to determine whether his rights are not being infringed when being charged with an offence that has been outlawed by the High Court.

He said the High Court had pronounced that there is no offence called publishing falsehoods in the country’s statutes in its judgment where activist Hopewell Chin’ono had challenged his prosecution on the same charges.