Mutare City Council v Mudzime & Ors 1999 (2) ZLR 140 (S)

Labour law – Mr L T Biti for the appellant, The respondents were all former employees of the appellant council. They had been suspended and dismissed at various times in 1996. A labour relations officer instructed that they be reinstated, but the council did not do s. The respondents brought the matter on review in the High court, which ordered their reinstatement. The council appealed, arguing that as the application had been brought well after the 8 week period stipulated in the hight court rules, and as there had been no application for condonation, the application for review should have been dismissed. It also argued that an urban council was not obliged to seek ministerial approval to dismiss its employees if it followed the provisions of the Urban Councils Act [Chapter 29:15}.

held, that the application for review was lodged sellout of time and there was no application for condonation. the application was therefore not properly before the court and should have been dismissed.

held, further that although he respondents were ordinary employees of the council, s141 of the urban councilsAct, which allowed dismissal on notice, prevailed over the labour regulations requiring the approval of the minister of labour, both because an act would prevail over regulations and because the act, being later in the time the regulations impliedly repealed the regulations