Kamunongona and 516 Others v Great Zimbabwe University And 7 Others (24 of 2021) [2021] ZWMSVHC 24 (23 April 2021)

DANIEL KAMUNONGONA ELISHA KUFAKUNESU DORREN MADIRIRO ABEL MUKOZHO AUSTIN PISIRAI MIRIAM CHIPOKA KUDAKWASHE DZINOREVA TSVERUKAI GUNANGA CAESER CHENGETA SANDRA JUDITH WATADZAUSHE ABIGIRL MUGABE SIMBARASHE GUMBATI JOSEPHINE MUSHONGA DONNAH TARUSIKIRWA JULIA YULE SNODIA MAGUDU LELSON DHMBUZA IRVINE TABENGWA DAVIES KANGWARE MUTANDA JACK CHITSIKE CLEMENCE MUZONDO YONA ALOUIS NYATHI FAITH SIMON MERCY MATAMBO HMA 24 -21 HC 224 - 18 1ST APPLICANT 2ND APPLICANT 3RD APPLICANT 4TH APPLICANT 5TH APPLICANT 6TH APPLICANT 7TH APPLICANT 8TH APPLICANT 9TH APPLICANT 10TH APPLICANT 11TH APPLICANT 12TH APPLICANT 13TH APPLICANT 14TH APPLICANT 15TH APPLICANT 16TH APPLICANT 17TH APPLICANT 18TH APPLICANT 19TH APPLICANT 20TH APPLICANT 21ST APPLICANT 22ND APPLICANT 23RD APPLICANT 24TH APPLICANT DANIEL TIRIVANHU BEAUTY MUSEKIWA MARY MATARUSE LANGTON GOZA NGONIDZASHE CHAWADYA SHELTER MUTEMBWA ZIONE T. MPOSA TAWANDA NYAMAREBVU INNOCENT VERENGA VONGAI MAKUSHA HALIMANI DOUGLAS CAMPION CHIROBA JOHN MARUMBWA BIZAH DZIKAMAI SHOKO WILLIAM MAKUMBE JAMES GUVURIRO CONSTANCIA MANDUDE PAULINE MUPUNGU MUNAMATO CHEMHURU RICHARD TIVAKUDZE PROMISE CHINORWIWA CAMPION MUGORONGI JOSEPH MUSIYIWA WEBSTER MUVENGERWI HMA 24 -21 HC 224 - 18 25TH APPLICANT 26TH APPLICANT 27TH APPLICANT 28TH APPLICANT 29TH APPLICANT 30TH APPLICANT 31ST APPLICANT 32ND APPLICANT 33RD APPLICANT 34TH APPLICANT 35TH APPLICANT 36TH APPLICANT 37TH APPLICANT 38TH APPLICANT 39TH APPLICANT 40TH APPLICANT 41ST APPLICANT 42ND APPLICANT 43RD APPLICANT 44TH APPLICANT 45TH APPLICANT 46TH APPLICANT 47TH APPLICANT 48TH APPLICANT ANTONIA NDOVE EUPHURAGE RUGARA ZAKIEL MUZONDIREVA PATRICK ZIMANO VONGAI CHIDUZA NATSAI PISIRAI JANE ZHOU PENDUKA MILLION KENIAS MAGAISA ISAAC PLATO PATRICK TARISAI PARIDZIRAI BATANAI PEDZISAI CHRISTOPHER GOZHO JOANNAH TAKAINGOFA TOFARA RUGARA GARIKAYI MAKUYANA DAVID CHENJERAI MUDONDO EPHRAIM MATANDA LEDWIN CHIMWAI WATSON MUNYANYI MISHECK DIZA REDGES MANDIYAMBIRA NOMERCY NDOMORO PHOLOMINA CHIEDZA MBEDZI HMA 24 -21 HC 224 - 18 49TH APPLICANT 50TH APPLICANT 51ST APPLICANT 52ND APPLICANT 53RD APPLICANT 54TH APPLICANT 55TH APPLICANT 56TH APPLICANT 57TH APPLICANT 58TH APPLICANT 59TH APPLICANT 60TH APPLICANT 61ST APPLICANT 62ND APPLICANT 63RD APPLICANT 64TH APPLICANT 65TH APPLICANT 66TH APPLICANT 67TH APPLICANT 68TH APPLICANT 69TH APPLICANT 70TH APPLICANT 71ST APPLICANT 72ND APPLICANT MAVEZERA TINASHE FRADRECK RUMBIDZAI ZANAMWE ALBERT GANHURE MUCHANETA DUBE ZVIREGEYI PHIRI MASUKU JEAN TURUSIDA ALBERT BHIRI COLLIN CHACHENGWA STANSILAUS MUTUVIRA EDSON KUMBIRAI JOHN NGOMAYEZWI CASIAN MAVHIMA LIZZY NETSAI DHORO TAFIREYI MASHAMBA SHEPHERD DERECK CHIKUNI CLOPAS KWENDA TSITSI MARE KUDZANAYI MAWEMA FREDRECK MAPURISA MARTIN MAKWEZA AMSON MOYO NORBERTA MADZIVANYIKA WILSON JETHRO BURENI BARBRA PAKARIMWA HMA 24 -21 HC 224 - 18 73RD APPLICANT 74TH APPLICANT 75TH APPLICANT 76TH APPLICANT 77TH APPLICANT 78TH APPLICANT 79TH APPLICANT 80TH APPLICANT 81ST APPLICANT 82ND APPLICANT 83RD APPLICANT 84TH APPLICANT 85TH APPLICANT 86TH APPLICANT 87TH APPLICANT 88TH APPLICANT 89TH APPLICANT 90TH APPLICANT 91ST APPLICANT 92ND APPLICANT 93RD APPLICANT 94TH APPLICANT 95TH APPLICANT 96TH APPLICANT SENZENI MLAMBO WAYMAN TAKAWIRA RABSON MUJATI JOSIAH DUNATUNA ROSEMARY MACHUWE TAKAWIRA MASOMERE KUDAKWASHE NYATARE IGNATIUS MANYANYE MATILDA BHUNU MELLISA BERE FAMILIA ZIREBWA JOROBIAM MAHONDO TAPERA DUBE SHERON MATAVIRE NHAMO MANGWANA JEOFREY (DR) MTEMERI LLOYD NHODO TSORIYO WENDY WADZANAI BERNARD (DR) CHAZOVACHII G. DHLULA WILLARD NYAMUBARWA MUZVIDZIRWA RUTENDO FAITH HONEST MUPANI LUCAS KASENYA HMA 24 -21 HC 224 - 18 97TH APPLICANT 98TH APPLICANT 99TH APPLICANT 100TH APPLICANT 101ST APPLICANT 102ND APPLICANT 103RD APPLICANT 104TH APPLICANT 105TH APPLICANT 106TH APPLICANT 107TH APPLICANT 108TH APPLICANT 109TH APPLICANT 110TH APPLICANT 111TH APPLICANT 112TH APPLICANT 113TH APPLICANT 114TH APPLICANT 115TH APPLICANT 116TH APPLICANT 117TH APPLICANT 118TH APPLICANT 119TH APPLICANT 120TH APPLICANT MARTISON NHAMO ALOIS MALULEKE SIBANDA MUGANDYA KUDAKWASHE MHASHU LASTBORN NGOMAI JANETH MATINGWENA PARDON MUNYAKA EMMANUEL MAZITI SAMSON ZIVANAI HERBERT ZIRIMA CHIPO MUTONHODZA GAMBE TAZVIONA AGNES NATSAI SIGWADHI JOICE MADIDIKE OSWELL RUSINGA MAXWELL CHUMA COWEN DZIVA MANASA SIBANDA DR SHINGAI RUGARA CHARLES DUBE SIMBARASHE GUKURUME ELIAS MADZUDZO TAONA MUSEVA GUMISAI TINOTENDA MUTANGI HMA 24 -21 HC 224 - 18 121ST APPLICANT 122ND APPLICANT 123RD APPLICANT 124TH APPLICANT 125TH APPLICANT 126TH APPLICANT 127TH APPLICANT 128TH APPLICANT 129TH APPLICANT 130TH APPLICANT 131ST APPLICANT 132ND APPLICANT 133RD APPLICANT 134TH APPLICANT 135TH APPLICANT 136TH APPLICANT 137TH APPLICANT 138TH APPLICANT 139TH APPLICANT 140TH APPLICANT 141ST APPLICANT 142ND APPLICANT 143RD APPLICANT 144TH APPLICANT JACOB TAGARIROFA HARDLIFE STEPHEN BASURE LEONARD CHIRENJE JOSIAH TARU CHITONGA (DR) LEONARD MASHAVIRA NHAMO MUSHUKU ALIMOS CHINYANGANYA ITAI MABIKU TERAH NDLOVU COLLEN BUSHE TADZOSERWA MUROMBO SHYLET C. MARONDEDZE EVAN TINASHE JULY JAMES MUCHACHA PATHIOS CHIKUHWA H. T. MOYO (DR) NATHAN MAKAYE (DR) JERIPHANOS MUFANECHIYA ALBERT MANDIUDZA (DR) LEONA MAKWARA CONVENCE ENOCK RUZAVE JAMES SAGIYA EZEKIEL ADROPH MADONDO RODIA HMA 24 -21 HC 224 - 18 145TH APPLICANT 146TH APPLICANT 147TH APPLICANT 147TH APPLICANT 148TH APPLICANT 149TH APPLICANT 150ST APPLICANT 151ST APPLICANT 152ND APPLICANT 153RD APPLICANT 154TH APPLICANT 155TH APPLICANT 156TH APPLICANT 157TH APPLICANT 158TH APPLICANT 159TH APPLICANT 160TH APPLICANT 161ST APPLICANT 162ND APPLICANT 163RD APPLICANT 164TH APPLICANT 165TH APPLICANT 166TH APPLICANT 167TH APPLICANT TENDAI PRAYMORE CHIGONGA MARTHER MAGOGO JANETH TAMBULA TSITSI SOPHINA MAFUTA OSCAR MUTUMBURANZOU RADIOS CHINONDO PHILLIP VUTETE NELSON MUZEZEWA ABINAS MAREGEDZE TOBIAS ZIVENGWA GIBSON NDOVE WEDZERAI TOM PANGANAI MUGABE PRISCA SENZIA NYAKUWANIKWA MOSES ZIVANOMOYO JAMES TADERERA TRAINOS DONALD DHLIWAYO CLARAH CHIRAMBAMURIVO PETER MASHINGAIDZE RONIA MAKAMURE JABULANI HAMADZIRIPI CHIMBUNDE CHIBAYA NELSON MATEWU KURWAISIMBA HMA 24 -21 HC 224 - 18 168TH APPLICANT 169TH APPLICANT 170TH APPLICANT 171ST APPLICANT 172ND APPLICANT 173RD APPLICANT 174TH APPLICANT 175TH APPLICANT 176TH APPLICANT 177TH APPLICANT 178TH APPLICANT 179TH APPLICANT 180TH APPLICANT 181ST APPLICANT 182ND APPLICANT 183RD APPLICANT 184TH APPLICANT 185TH APPLICANT 186TH APPLICANT 187TH APPLICANT 189TH APPLICANT 190TH APPLICANT 191ST APPLICANT 192ND APPLICANT MUDZIVIRO MAXWELL CHAMAIDA JOHN KAMBEU CHIPO MUWANDI MISHECK MAGUTU TAVAPA ELIZABETH NDLOVU MADUKE MARTHA DUBE SITHABILE CHIDZANA CHIDZANA MUKANDI TENDAI CHIGWIDA HEDWICK MARASHE JOEL BHALA TIMOTHY KADODO WEBSTER RURINDA ELIAS MSWAZIE (DR) JONATHAN MAZURUSE (DR) MICKSON CHINDEDZA (DR) WINNET NYATONDO ROSE CONSTANCIA CHIDOKO CLAINOS MAKORE ALBERT MUTEMBWA BENARD DDZOMIRA (DR) SHEWANGU GUTU GUMISAI JACOB HMA 24 -21 HC 224 - 18 193RD APPLICANT 194TH APPLICANT 195TH APPLICANT 196TH APPLICANT 197TH APPLICANT 198TH APPLICANT 199TH APPLICANT 200TH APPLICANT 201ST APPLICANT 202ND APPLICANT 203RD APPLICANT 204TH APPLICANT 205TH APPLICANT 206TH APPLICANT 207TH APPLICANT 208TH APPLICANT 209TH APPLICANT 210TH APPLICANT 211TH APPLICANT 212TH APPLICANT 213TH APPLICANT 214TH APPLICANT 215TH APPLICANT 216TH APPLICANT MAWERE (PROF) MUNYARADZA CHIWAURA HENRY MANDOVA (DR) EVANS DOMBO (DR) SYLVESTER KONYANA (DR) ELIAS MASITERA (DR) ERASMUS ZHOU SILIBAZISO MAFONGOYA OWEN DUBE LIKETSO MAPETERE (DR) KUDAKWASHE ZIMIDZI WEBSTER MAHUNDI PLAXCEDIA GONYE (ASS PROF) JAIROS MAREVA (DR) RUGARE JINGA (DR) NYARADZO MAPAKO FELIX PETROS NYONI MIKA MUNYARADZI GIVEWELL RUNESU ESTHER PEPUKE VICTOR SHERENI NEVA RUGARE SARAH TONDE CHINGWENDE OBVIOUS HMA 24 -21 HC 224 - 18 217TH APPLICANT 218TH APPLICANT 219TH APPLICANT 220TH APPLICANT 221ST APPLICANT 222ND APPLICANT 223RD APPLICANT 224TH APPLICANT 225TH APPLICANT 226TH APPLICANT 227TH APPLICANT 228TH APPLICANT 229TH APPLICANT 230TH APPLICANT 231ST APPLICANT 232ND APPLICANT 233RD APPLICANT 234TH APPLICANT 235TH APPLICANT 236TH APPLICANT 237TH APPLICANT 238TH APPLICANT 239TH APPLICANT 240TH APPLICANT MALVIN BETA MABHURENI JACKSON MTERO BRIGHTON CHIWOMBEREGWA TAFIRENYIKA MLAMBO NOEL MANDAVA NEEDMORE TAWANDA MAVUNDA MERCY NDINDE SHADRECK MUTEMACHIMWE TENDAI SHAMANO (DR) PENIAH DUBE (DR) EDMORE HUMBE BERNARD PINDUKAI MADZOKERE (REV) NYASHA PHIRI MUNYARADZI MASAKA (DR) DENNIS MAZURU MICHAEL MAKAUDZE (ASS. PROF) GODWIN MUROMBEDZI TENDAYI MUSARA OTINIEL SAUNGWEME TALKNICE GUMBO LINDA CHENGETANAI MUNYARADZI DUVE MOYO TALAK CHIBAYA TENDAI HMA 24 -21 HC 224 - 18 241ST APPLICANT 242ND APPLICANT 243RD APPLICANT 245TH APPLICANT 246TH APPLICANT 247TH APPLICANT 248TH APPLICANT 249TH APPLICANT 250TH APPLICANT 251ST APPLICANT 252ND APPLICANT 253RD APPLICANT 254TH APPLICANT 256TH APPLICANT 257TH APPLICANT 258TH APPLICANT 259TH APPLICANT 260TH APPLICANT 261ST APPLICANT 262ND APPLICANT 263RD APPLICANT 264TH APPLICANT 265TH APPLICANT 266TH APPLICANT MUNONGO K. SHALLONE SIMION MATSVAI HLUPEKO DUBE MUFANDAEDZA SHYLET MADOYI NELSON MAKARA SIMBARASHE MATURURA GIFT BEUCKS MARISA MUSIYAMWA IRENE GORE CHUMA LORRAINE MATANHIRE TINEYI MUZENDA TENDAI EUNICE MATOWE TATENDA MWALE REPAI KASENYA SIBIZIWE MAPANZURE SUSAN NAMATIRAI MAGUTA GETRUDE MAPAKO CECILIA NYEVERAI CHAKANYUKA SHUMBISAI HMA 24 -21 HC 224 - 18 267TH APPLICANT 268TH APPLICANT 269TH APPLICANT 270TH APPLICANT 271ST APPLICANT 272ND APPLICANT 273RD APPLICANT 274TH APPLICANT 275TH APPLICANT 276TH APPLICANT 277TH APPLICANT 278TH APPLICANT 279TH APPLICANT 280TH APPLICANT 281ST APPLICANT 282ND APPLICANT 283RD APPLICANT 284TH APPLICANT 285TH APPLICANT BEREJENA SIMBARASHE KUDAKWASHE 286TH APPLICANT CHIDO MUCHENURWA RACHAEL MUROVE JOSELINE CHITOTOMBE POLITE MASVAURE 287TH APPLICANT 288TH APPLICANT 289TH APPLICANT 290TH APPLICANT EPHRAIM CHIFAMBA STEPHEN MUSHORIWA BEHAVIOUR CHINANGA CHARLES MUCHADYA C. MANDUDE GLADYS JONAS WADZANAYI CHIVAMBA HICKONIKO LOICE ADMIRE MUTSINDIKWA CALVIN BAMBA LIBERTY ZIDANA MUTAMBI MUTAMBU PATIENCE MAKESE FREEDMAN JOHN CHUMA WINIDZI MAKUMBE JOE OSCAR HMA 24 -21 HC 224 - 18 291ST APPLICANT 292ND APPLICANT 293RD APPLICANT 294TH APPLICANT 295TH APPLICANT 296TH APPLICANT 297TH APPLICANT 298TH APPLICANT 299TH APPLICANT 300TH APPLICANT 301ST APPLICANT 302ND APPLICANT 303RD APPLICANT 304TH APPLICANT 305TH APPLICANT 306TH APPLICANT LOVEMORE MWANENGERA GUNANGA 307TH APPLICANT SIFIKILE SIBANDA SINIWA LOVERETTA EVELINE MUSHAVAIRE REBECCA BANDA ZODWA DUBE VONGAI MAKUMBE PHAROAH GOZO 308TH APPLICANT 309TH APPLICANT 310TH APPLICANT 311TH APPLICANT 312TH APPLICANT 313TH APPLICANT 314TH APPLICANT MODLINE MUTEMA PEDZISAI MUDYAHOTO RUMBIDZAI SIBANDA MARKS MUWANIKI FIONA SHUMA REBECCA MACHAWU BRIGHTON MUKAKA GRACE KAMWAZA RHODA NGIRAZI JEALOUS CHAITA WINNIE BUNU JIMMY NICHOLAS KAMBIZI OLIVARTH GUVURIRO SEBITAH MAGRET MABURUTSE THEBE SIMANGENKOSI MUKOTO MUKOTO CHIEDZA LINDA MAZHARA ZINYEKA SESEDZAI MARIA TAFUMA PATRICIA MANDIYAMBIRA BRIAN BANDA LAIZA CHENGETANAI MONICA CHINYAMA PETER MATSIKA HMA 24 -21 HC 224 - 18 315TH APPLICANT 316TH APPLICANT 317TH APPLICANT 318TH APPLICANT 319TH APPLICANT 320TH APPLICANT 321ST APPLICANT 322ND APPLICANT 323RD APPLICANT 324TH APPLICANT 325TH APPLICANT 326TH APPLICANT 327TH APPLICANT 328TH APPLICANT 329TH APPLICANT 330TH APPLICANT 331ST APPLICANT 332ND APPLICANT 333RD APPLICANT 334TH APPLICANT 335TH APPLICANT 336TH APPLICANT 337TH APPLICANT 338TH APPLICANT SITHEMBISO NCUBE RURAMAI MADOYI SOFFIE NYAJENA MARCHFORD MAKAHAMADZE MERJURY MAJANGE EPHRAIM MAFUVA TAHONGAI FORTUNATE DAMBUDZO GEORGINA MAGWERE BENISA CHITIGA CLEMENCE CHIGUDU MIKE NYARADZO VONGAI MASUNDA THANDIWE DHLULA NOMATTER SIBINDI COSMAS GODFREY CHEMBESI ERASMUS HAMADZIRIPI TAKESURE KWASHIRAI BLESSING MUREVESI MUNYARADZI MUTSIKIWA RABSON MAGWEVA LOVERAGE CHAKAZAMBA JILSON ZIMUTO ALEXANDER MAPFUMO LIBERTY NGWARU HMA 24 -21 HC 224 - 18 339TH APPLICANT 340TH APPLICANT 341ST APPLICANT 342ND APPLICANT 343RD APPLICANT 344TH APPLICANT 345TH APPLICANT 346TH APPLICANT 347TH APPLICANT 348TH APPLICANT 349TH APPLICANT 350TH APPLICANT 351ST APPLICANT 352ND APPLICANT 353RD APPLICANT 354TH APPLICANT 355TH APPLICANT 356TH APPLICANT 357TH APPLICANT 358TH APPLICANT 359TH APPLICANT 360TH APPLICANT 361ST APPLICANT 362ND APPLICANT PHILLIPA CHIMAMBANI CHIPO CHINODA CHIDYA MUBAIWA BEAULAR MPOFU PHINIAS NGATIANE JERICHO GAPU GRACE MANDZA ALIBETI VUSHE TAVA INNOCENT MAVEZA EDNA MAZAMBE MERCY SHARARA NYASHA TAVANHU FORTUNATE KUMUTSANA MUNYARADZI KUSEKA LYDIA CHABUDA R. MATINGWINA MACHEKA MAVIS THOKOZILE VIOLET MAKWARA SHAMISO SANANGURA SNYLET KUFAKUNESU NOMATTER BANGA REASON MUGANU PURITY MUSVOSVI EDETH CHITAMBA HMA 24 -21 HC 224 - 18 363RD APPLICANT 364TH APPLICANT 365TH APPLICANT 366TH APPLICANT 367TH APPLICANT 368TH APPLICANT 369TH APPLICANT 370TH APPLICANT 371ST APPLICANT 372ND APPLICANT 373RD APPLICANT 374TH APPLICANT 375TH APPLICANT 376TH APPLICANT 377TH APPLICANT 378TH APPLICANT 379TH APPLICANT 380TH APPLICANT 381ST APPLICANT 382ND APPLICANT 383RD APPLICANT 384TH APPLICANT 385TH APPLICANT 386TH APPLICANT FREDRICK CHITSA ELLEN DZOKEGWI MUZENDA ROSEMARY KATURI I N S MUYANGA CLEMENCE MUGUDUBI GILBERT KADZUNGE BENEDICT SHONAI MAGUVAZA NYARADZO NJANJI MEMORY FUNGISAI GANDE JENIPHER CHIKWASHIWA SHAMISO GAVAZA TENDEKAI KANOUPANDU PHELEX NJOVO NYANYI MUKACHI ELIWAT MHIKE JANE PISIRAI SIYAI POSVO ISIMAERI MAHACHI ALBERT MUWODZERI SIMBARASHE NHARI MHURAI MUTODA JEMINOS CHAZA JULIANA MUNIKWA JORDAN MANYIKA HMA 24 -21 HC 224 - 18 387TH APPLICANT 388TH APPLICANT 389TH APPLICANT 390TH APPLICANT 391ST APPLICANT 392ND APPLICANT 393RD APPLICANT 394TH APPLICANT 395TH APPLICANT 396TH APPLICANT 397TH APPLICANT 398TH APPLICANT 399TH APPLICANT 400TH APPLICANT 401ST APPLICANT 402ND APPLICANT 403RD APPLICANT 404TH APPLICANT 405TH APPLICANT 406TH APPLICANT 407TH APPLICANT 408TH APPLICANT 409TH APPLICANT 410TH APPLICANT SIMON ANTONIO AARON DUBE EUNICE MUSIMWA FORTUNE NGUVO TAWANDA MAIMBA BRIGHT MAHWEHWE JUDITH NKONDE TENDEUKAI MAPITA NGONI MADZANA DANMORE NYAWO ADMORE MASHOKOH RANGARIRAI CHABATA INOCENT MAGWEDE MANHIVI TINARWO BRIAN CHAWIRA SIMON JARICHA CHISHARIRWA NYOVHANI ANDREW CHIVHENGE MELODY MADHOMBIRO DIANAH MUGODI SESTINO MAJOR MUNYARADZI NYAKURAYI EDMORE KUTADZAUSHE TOGARA MUSHEKWA HMA 24 -21 HC 224 - 18 411TH APPLICANT 412TH APPLICANT 413TH APPLICANT 414TH APPLICANT 415TH APPLICANT 416TH APPLICANT 417TH APPLICANT 418TH APPLICANT 419TH APPLICANT 420TH APPLICANT 421ST APPLICANT 422ND APPLICANT 423RD APPLICANT 424TH APPLICANT 425TH APPLICANT 426TH APPLICANT 427TH APPLICANT 428TH APPLICANT 429TH APPLICANT 430TH APPLICANT 431ST APPLICANT 432ND APPLICANT 433RD APPLICANT 434TH APPLICANT NEVUMA NGWARU SOLOMON MARIME AVERY MAITERA ALOUIS MUZORAVA GODWIN ZVIDZA ACTION HUNDIVENGA PRISE MUYAMBO MIKE DHUVAI BEZEL BAYANI KNOWLEDGE MAMIRE MODLINE MABWINYE STEPHEN MUBWANDA KELVIN SIMBARASHE WASHAYA RICHARD MAZURU SOLOMON MUDZINGO ALPHONCE MAKWARA ZIMUCHA PASSMORE BELIGHT CHIDARARA SALIWE NEGANDA MUSIIWA CHAKAUYA MICHAEL RUNESU SHAMU TAMIRIRA MAPEPA DAMBUDZO MAPEPA COSMOS MOYO HMA 24 -21 HC 224 - 18 435TH APPLICANT 436TH APPLICANT 437TH APPLICANT 438TH APPLICANT 439TH APPLICANT 440TH APPLICANT 441ST APPLICANT 442ND APPLICANT 443RD APPLICANT 444TH APPLICANT 445TH APPLICANT 446TH APPLICANT 447TH APPLICANT 448TH APPLICANT 449TH APPLICANT 450TH APPLICANT 451ST APPLICANT 452ND APPLICANT 453RD APPLICANT 454TH APPLICANT 455TH APPLICANT 456TH APPLICANT 457TH APPLICANT 458TH APPLICANT CUTHBERT MAKUVARA ESINATH CHITONGA ALICE KUFAKUNESU TRUST MBERENGWA BRIAN MUKONDO GIFT DAMA LAZARUS MAFUKA PIO MUTOMBERA NAUNDE MUDHAKWA ANDIRAS GUNDAI CHRISTIAN MUZENDA EPHRAIM BAYAI NELSON SANANGURAI ELIAS MAPFUMO JOICE MAKUMIRE ALEX MUVHEYI PRIVILEDGE MACHUWAIRE HELLEN TAVENGWA VAKAI MAPEPA EPHRAIM MUGARI OTILIA DZVIRIRI RURAMAI MARECHA NORMAN MARIME MENARD MADZIMA HMA 24 -21 HC 224 - 18 459TH APPLICANT 460TH APPLICANT 461ST APPLICANT 462ND APPLICANT 463RD APPLICANT 464TH APPLICANT 465TH APPLICANT 466TH APPLICANT 467TH APPLICANT 468TH APPLICANT 469TH APPLICANT 470TH APPLICANT 471ST APPLICANT 472ND APPLICANT 473RD APPLICANT 474TH APPLICANT 475TH APPLICANT 476TH APPLICANT 477TH APPLICANT 478TH APPLICANT 479TH APPLICANT 480TH APPLICANT 481ST APPLICANT 482ND APPLICANT MAVIS DHEMA 483RD APPLICANT HMA 24 -21 HC 224 - 18 PHILLIPA FUNGAI DZINGIRA PHILLIPA MUDZIKISI CHIKUNI PLAXEDES CHAMISA MUTEMACHIMWE FARAI MAMBOHWA SAMSON HWARARI CATHERINE MUSARURWA SHEPHERD CHINOFUNGA AUGUSTINE MBINDAH BELINDA DIYA WINNET MUTUDZA ITAI DARIKAI ALFORD KAMIDZA SHEPHERD MANZANGA WILSON KHUMALO FALECK MUZUNGU TERENCE MUCHACHA BERNARD MUKWENDE JOSEPH FASHU VUYAYIMOSE MAPEPA PIET MUPARURI CHENJERAI SHUMBAIWE SIMON MBENENE 484TH APPLICANT 485TH APPLICANT 486TH APPLICANT 487TH APPLICANT 489TH APPLICANT 490TH APPLICANT 491ST APPLICANT 492ND APPLICANT 493RD APPLICANT 494TH APPLICANT 495TH APPLICANT 496TH APPLICANT 497TH APPLICANT 498TH APPLICANT 499TH APPLICANT 500TH APPLICANT 501ST APPLICANT 502ND APPLICANT 503RD APPLICANT 504TH APPLICANT 505TH APPLICANT 506TH APPLICANT 507TH APPLICANT HMA 24 -21 HC 224 - 18 508TH APPLICANT 509TH APPLICANT 510TH APPLICANT 511TH APPLICANT 512TH APPLICANT 513TH APPLICANT 514TH APPLICANT 515TH APPLICANT 516TH APPLICANT 517TH APPLICANT 1ST RESPONDENT 2ND RESPONDENT 3RD RESPONDENT 4TH RESPONDENT 5TH RESPONDENT 6TH RESPONDENT 7TH RESPONDENT 8TH RESPONDENT FAUEL MAPIYE URAYAI CHIFAMBA RAKABOPA GILGERT TOMAS CHARUMANGWE SERVEMORE MACHINGURA FORTUNATE MASVOBHO FARISAI MUDYAHOTO ASANIEL MANYUDZA CHIPO MANDISHONA MARGIE JONHERA vs GREAT ZIMBABWE UNIVERSITY KAINOS MVERECHA SINIKIWE GWATIDZO JOHN JAMELA ANDRIAS CHINYOKA DEVISON PAKAI JABULANI DENHERE EPHRAIM GWARAVANDA HIGH COURT OF ZIMBABWE WAMAMBO J MASVINGO, 13 June,2019 & 23 April, 2021 HMA 24 -21 HC 224 - 18 Opposed matter C. Mucheche for the applicant M. Jaravaza for the respondents WAMAMBO J: The applicants seek the following relief: - 1. The Great Zimbabwe University Pension Fund Benefit Reduction Resolution dated 19 January 2017 pursuant to a meeting of the respondents held on 8th of December 2016 at Masvingo in terms of which the employer contribution rate was reduced from 17,29% to 7,5% effective October 2012 and the Group Life Assurance benefit was reduced from four times to two times annual salary effective 1st January 2017 is declared invalid, unlawful in its entirety and consequently set aside and the status quo ante is restored. 2. The first respondent shall reinstate all the applicants original pension benefit in the form of employer contribution rate of 17,29% and Group Life Assurance benefit of four times annual salary with retrospective effect reckoned from such effective date of reduction. 3. The respondents shall pay costs of suit on a legal practitioner client scale jointly and severally the one paying, the other to be absolved. The background to the matter is as follows; The applicants are employed by the 1st respondent in various capacities as academic and non-academic staff. First respondent is the Great Zimbabwe University Second to eight respondents are members of the Board of Trustees of Great Zimbabwe University (hereinafter referred to as the Board of Trustees) who made the decision at the centre of the dispute. On 17 January 2017 the Board of Trustees pursuant to a meeting held on 8 December 2016 resolved as follows: HMA 24 -21 HC 224 - 18 "To formalise the reduction of employer contribution rate from 17,29% to 7,5% which is what the government is paying for all state universities effective October 2012. To reduce Group Life Assurance benefit from four times to two times annual salary effective 1st January 2017. This decision was reached after intense discussions to realign risk benefits and retirement benefits. This was meant to boost retirement benefits for members as it was noted that there was no surrender value of GLA if members did not die but proceed to retire. The vote was unanimous in favour of the resolution." It is the above decision which the applicants seek to impinge in this application. The respondents are opposed to the application. The respondent however raised points in limine. The points in limine raised are as follows: Citation of 2nd to 8th respondent is irregular and renders the application a nullity The citation of 1st respondent is irregular. Flowing from the 1st and 2nd points in limine it was submitted that the purported application is a nullity as there are no respondents before the court. The fourth point in limine is that the application is invalid because the applicants chose the application procedure wherein there are discernible disputes of fact. The fifth point in limine raised is that citation of the Trustees of the Pension Fund in their personal capacities is irregular and renders the application a nullity. It can be gleaned from the above that the central or main point in limine when one considers all of the points in limine as a whole, is that the respondents were cited wrongly and improperly. The other point in limine deals with the submission that the application procedure was improperly and wrongly employed in a matter where there are discernible disputes of facts incapable of resolution in an application. Flowing there from is that the applicants should have proceeded by way of trial procedure. Mr Jaravaza for the applicants made detailed submissions in support of the points in limine raised. These can be summarised as follows: 2nd to 8th respondents are cited in their personal capacities yet they are referred to in the application as trustees of the Board of Trustees. The applicants should have proceeded against the Great Zimbabwe University Pension Fund. In the circumstances there are effectively no respondents. Citation of the 2nd to 8th respondents in their personal capacities was wrong at law as it should have been alleged that their conduct was beyond their official duties. HMA 24 -21 HC 224 - 18 It was further submitted that there was a mis-citation as opposed to a misjoinder. It was submitted that 1st respondent does not administer the Pension Fund and is not the one which set up or came up with the decision which applicants seek to impugn. It was pointed out that disputes of fact encapsulated in the heads of argument favoured the action as opposed to the application procedure. Mr Mucheche for the respondents was clearly of a different view. He argued that 2nd to 8th respondents were not cited in their personal capacities but as trustees who were part of the decisions that are central to this application. He cited Rule 87 of the High Court Rules, 1971 of which reads in part as follows: (1) No cause or matter shall be defeated by reason of the misjoinder or non-joinder of any party and the court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interest of the persons who are parties to the cause of matter." Mr Mucheche further relied on sections 170-171 of the Constitution. He also relied on Rule 4 C of the High Court Rules 1971, which provides as follows: "The court or a Judge may in relation to any particular case before it or him, as the case may be- (a) direct, authorised or condone a departure from any provision of these rules, including an extension of ay period specified therein where it or he, as the case may be, is satisfied that the departure is required in the interests of justice (b) give such directions as to procedure in respect of any matter not expressly provided for in these rules as appear to it or him, as the case may be to be just and expedient it was submitted for the applicants that the 2nd to 8th respondents were party to an illegal decision. Further that 1st respondent is deeply linked to the Great Zimbabwe University Pension Fund as without the 1st respondent there would be no Great Zimbabwe University Pension Fund. That 1st respondent is implicit an accomplice in the illegal decision which caused prejudice to the applicants during and after their lifetime”. It was also submitted that there are no material disputes of fact and in any case that the Court can adopt a robust approach. In Marange Resources (Private) Limited v Core Mining and Minerals (Private) Limited (in liquidation) Moses Chinhengo (Retired Judge) N. O, President of the Law Society of Zimbabwe N. O, Attorney General of Zimbabwe N. O SC 37/16. The Supreme Court at page 7 is stated as follows: The need for the proper citation of the parties is highlighted in Cilliers AC. HMA 24 -21 HC 224 - 18 estal in Hebster and van Winsen's. The Civil Practice of the High Courts of South Africa, 5th Edition vol 1 page 143 as follows: "Before one cites a party in a summons or in application proceedings, it is important to consider whether the party has locus standi to sue or be sued (legitima persona standi in Judicio) and to ascertain what the correct citation of the party is." At page 9 of the said Marange Resources Private Limited judgement (supra) the Supreme Court said: - "The case of CT Bolts Pvt Ltd v Workers Committee SC 16/12 involved a wrong respondent and it was held that a workers committee not being a legal persona is not properly before this court. The proceedings as before the Labour Court and prior to that the arbitrator were similarly void. Again a wrong party this time an applicant sued in Gweru Water Workers Committee v City of Gweru SC 25/15 and MALABA DCJ remarked as follows: "The appellants claimed on behalf of the employees. If workers committee can only represent the interests of the employees who appointed or elected it at the workplace. It cannot substitute itself for the employees and claim their rights in litigation. The right to sue accrues to the employees and their individual capacities can enforce the rights. The employees would be claiming rights under contracts of the employment within their employer. A universitas personarum would not have a right to sue for those rights when it is not party to any of the contracts of employment. Representation in terms of S24(1) of the (Labor Act) and does not mean that a person or body would have the right to substitute itself in place of the employees is party to the proceedings. Thus the fate of an application while a wrong party is cited as clear. "The proceedings cannot be sustained". First respondent’s pension scheme is administrated by the Great Zimbabwe University Pension Fund which is registered in terms of section 5 of the Pension and Provident Funds Act [Chapter 24:09]. One of the effects of registration of the fund is that it shall become a body corporate which can sue or be sued in its corporate name. HMA 24 -21 HC 224 - 18 The Pension Fund is not administered by any of the respondents. Admittedly 1st respondent is the employer of the applicants but the 2nd to 8th respondent are also clearly not the administrators of the Pension Fund. That they made the decisions or passed the resolution directly affecting the applicants does not make them administrators of the Pension Fund. I find in the circumstance that the respondents were wrongly cited in the sense that they should not have been parties in this matter. As earlier mentioned the miscitation of the respondents makes up the bulk of the points in limine through divided into separate points. It has not been advanced to me nor have I found a legal basis on which applicants should have been sued in their individual capacities in the circumstances of this case. I cannot employ Rule 4C of the Rules in the circumstances of this case. Clearly Rule 4C is applicable where there is a departure "from any provision of these rules" It cannot be argued on the other hand that the respondents are properly cited and then that Rule 4C should be employed. Why should Rule 4C be used when there has not been any departure from the Rules because according to applicants the respondents are properly before the Court. Upon finding that the respondent were miscited I need not deal with the issue of the disputes as raised by respondents. I therefore uphold the points limine on the miscitation of the respondents. To that end, I make the following order: 1. The application is struck off from the roll. 2. The applicants shall pay costs of suit jointly and severally the one paying the other to be absolved. Caleb Mucheche and Partners, applicants’ legal practitioners Dzimba Jaravaza and Associates, respondent’s legal practitioner.