IN THE LABOUR COURT OF ZIMBABWE

HARARE ON 11 OCTOBER, 2013

AND 25 OCTOBER, 2013

In the matter between  

SECRETARY FOR HIGHER AND TERTIARY EDUCATION – Applicant

And

COLLEGE LECTURERS ASSOCIATION OF ZIMBABWE & 14 OTHERS - Respondent

Before The Honourable Manyangadze, J and The Honourable Chidziva, J.

For Applicant:     Mr T.O. Dodo (Legal Practitioner)

For Respondents:   Mr T. Katsuro (Legal Practitioner)

MANYANGADZE, J. According to the papers filed by the Applicant, this is an urgent chamber application for;

“Stay of Execution pending appeals and for an appeal and applications’ for leave to appeal to be heard urgently.”

The drafting of the title to the application appears cumbersome, and needs to be unpacked for one to appreciate the nature of the relief sought by the applicant. A brief background of the matter will help unpack the issues. The Respondents who are employed by the Applicant as lecturers, were stationed at various Teachers’ Colleges in Zimbabwe were they carried out their duties.

Sometime in April 2012, the Respondents were found guilty of misconduct after disciplinary proceedings conducted in terms of Public Service Regulations. As part of their penalty, they were transferred from their duty stations to other stations throughout the country. The Respondents noted an appeal to the Labour Court, against the Public Service Commission (PSC) penalty on 9 May 2012.  The appeal is still pending.

The Respondents went on to apply for stay of execution pending appeal.  The application was granted on 14 September 2012.  The effect of the court order was to reverse the transfers.  The court also ordered that the Applicant meets the Respondents’ relocation expenses.

On 7 November 2012, the Applicant filed an application for leave to appeal to the Supreme Court against the Labour Court judgment of 14 September 2012.  The application is still pending.