Online Reporter
Fidelis Munyoro
Chief Court Reporter
In a dramatic legal turn, Vengai Mugabe, a former bursar at the University of Zimbabwe, saw his hopes of pocketing US$323,046 in damages for unfair dismissal extinguished as the Constitutional Court nullified all previous rulings in his favour.
The apex court’s decision, delivered by Justice Anne-Mary Gowora, effectively handed the UZ, a sweeping legal victory and reset the case back to square one.
Contrary to our earlier publication that “UZ loses Constitutional Court bid in unlawful dismissal case”, it has been clarified that the dismissal of Mugabe has been confirmed and remains in effect.
Justice Gowora, presiding alongside Justices Rita Makarau and Bharat Patel, minced no words in declaring the Labour Court and Supreme Court rulings a “nullity.”
The court, early this month, found that the processes leading to the judgments were riddled with procedural irregularities, rendering them legally void.
“Nothing can stand on a nullity,” Justice Gowora stated emphatically, striking off the university’s application for direct access but invoking the court’s review powers to set aside all lower court decisions.
The convoluted legal saga began in 2018 when Mugabe’s professional disagreements with the university’s Vice-Chancellor culminated in his exclusion from work and a claim of unfair dismissal.
A labour officer ruled in Mugabe’s favour, awarding damages and ordering the delivery of a motor vehicle, laptops, and thousands of litres of fuel as part of his compensation.
The Labour Court confirmed the ruling, and the Supreme Court upheld it, dismissing the university’s appeal. Yet the Constitutional Court uncovered fatal procedural flaws.
Justice Gowora highlighted that the labour officer who initially handled the case failed to comply with statutory requirements for confirming the draft ruling before the Labour Court.
“The labour officer must present the draft ruling for confirmation,” she said, underlining that no affidavit or proper application had been filed.
“There was no application legally pending before the Labour Court for confirmation.”
The Supreme Court’s decision to uphold the Labour Court ruling was equally flawed, Justice Gowora noted, as it was based on proceedings stemming from an irregular confirmation process.
The apex court concluded that the Labour Court lacked jurisdiction, and therefore, the Supreme Court’s judgment had no legal foundation.
“The judgment of the Labour Court, being based on a process outside the provisions of the law, cannot give rise to a valid appeal before the Supreme Court,” Gowora ruled.
Mugabe’s claim also hinged on the contentious award of the university’s motor vehicle, which he argued was owed to him under his employment contract.
The Constitutional Court disagreed, pointing out that the contract stipulated the vehicle could only be sold to the employee under specific conditions, none of which were met.
“The vehicle was neither sold nor properly valued,” Justice Gowora said. “This was a unilateral deprivation of property.”
The ruling also addressed the application of Statutory Instrument 33 of 2019, which converted pre-2019 US dollar liabilities to Zimbabwean dollars.
The university argued that awarding damages in US dollars violated the statutory instrument and amounted to unequal treatment under the law.
However, the Constitutional Court refrained from ruling on these substantive issues, as the entire process was declared a nullity.
In the end, the court struck off the university’s application for direct access but exercised its constitutional review powers to quash all prior judgments.
“The proceedings of the Labour Court and Supreme Court must be set aside in their entirety,” Justice Gowora declared.
This decision leaves both parties back at the starting line, with Mugabe’s multimillion-dollar claim now in legal limbo.
The university, however, emerged with a significant procedural victory, as the court’s ruling nullified the substantial damages awarded to the former bursar.
Advocate Tawanda Zhuwarara, instructed by Atherstone & Cook, represented the University, while Advocate Givemore Madzoka, under the instruction of Chinawa Attorneys, appeared on behalf of Mugabe.
