Constitutional Court Nullifies UZ Appeal in Labour Dispute with Former Bursar

The Constitutional Court has dismissed an appeal by the University of Zimbabwe (UZ) in a protracted labour dispute involving former bursar Vengai Mugabe, ruling that earlier court proceedings were fundamentally flawed and legally void.

In the judgment delivered by Justice Anne-Mary Gowora, the court found that both the Labour Court and the Supreme Court had acted outside their jurisdiction in previously adjudicating the matter.

“There must be strict adherence to statutory procedures for a court to lawfully exercise jurisdiction,” said Justice Gowora. “The failure to observe these legal requirements rendered the prior rulings null and void.”

Mugabe, who served as UZ’s bursar under a fixed-term contract from July 2017 to June 2021, was dismissed following disputes with the institution’s leadership. A labour officer later ruled in his favour, awarding him US$323,036 for wrongful dismissal—a decision the university attempted to challenge through successive appeals.

Representing Mugabe, lawyer Tawanda Zhuwarara argued that the earlier court decisions infringed on his client’s constitutional rights, particularly those related to equality before the law and protection of property, as outlined in sections 56 and 71 of the Constitution. He described the Supreme Court’s ruling as an “arbitrary deprivation of property.”

In response, UZ’s counsel, G. Madzoka, maintained that Mugabe’s application was effectively a disguised appeal, contending that the core legal issues had already been conclusively addressed.

Justice Rita Makarau, concurring with the final ruling, criticised the lower courts for failing to address key preliminary issues that were essential to ensuring procedural fairness.

The Constitutional Court ultimately declared all prior judgments in the matter invalid, concluding that the earlier proceedings were riddled with legal irregularities and could not stand.

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