Zimbabwe labour law is derived from different sources, the main one being the Constitution, which provides the fundamental rights of employees.2 Also, the Labour Act (Chapter 28:01) (the Act), promulgated to define the rights of employees, gives effect to international conventions. The Act is applicable to all employers and employees, except those whose conditions of employment are otherwise provided for in the Constitution. Conditions of service for members of the public service are governed by the Public Service Act.3 Regulations are promulgated which prescribe and give effect to the objectives of the Act, providing general conditions of service for specific industries and subsectors. 4

The dispute resolution mechanism rests with the Labour Court.5 The Court is a formal court of record led by a Judge President and an indefinite number of judges that may be appointed from time to time. Before a matter is referred to the Court, a case must proceed through conciliation and be presented before a Labour Officer, who will in turn refer the matter to arbitration if the parties fail to settle the dispute.6 The arbitrator will be appointed from the pool of arbitrators kept by the Senior Labour Officer. However, the arbitrator will follow the parties’ agreement and the model law on international commercial arbitration,7 which were adopted as the main provisions of the Arbitration Act.8 The Arbitration Act is another instrument that provides labour law procedure. The arbitrator will have the same powers as the Labour Court to determine any dispute referred to him or her, and his or her decision may be appealed to the Labour Court.9

The Labour Court does not have the power to enforce its own judgments. Any party may submit a Labour Court order for registration to the court of any magistrate or high court, which may retain the necessary monetary jurisdiction.10 An arbitral award can only be submitted for registration following this same procedure.11 Once registration has been granted, the court order or award becomes an order of the high court, attaining status as a civil judgment capable of being enforced in the same manner as an order granted by a high court judge.12


There are two outstanding trends that have been carried over from the previous year. Labour laws had been pro-employee, as employees enjoyed overwhelming protection. This has since changed, particularly with regard to a precedent-setting judgment by the Supreme Court that allows employers to terminate employee contracts on notice. Consequently, the year has been marked by a significant number of job losses, and approximately 40–60 per cent of the workforce has been reduced.

The hottest topics were, inter alia, whether an employer can terminate an employee’s contract on notice and whether an employer can be bound by a collective bargaining agreement (CBA) in circumstances where it has not elected to be a member thereof. Lastly, there is an ongoing debate regarding whether benefits provided in a contract of employment are contractual or a privilege.


Several judgments have been delivered concerning the hottest topics described above.

i Don Nyamande and Another v. Zuva Petroleum (PVT) Ltd13

BP Shell sold its business as a going concern to the respondent. The employees were transferred to the new undertaking without derogation from the terms and conditions of employment that they enjoyed when they were under BP Shell in terms of Section 16 of the Act, and they therefore became the respondent’s employees.

The respondent offered its employees a voluntary retrenchment package, which was declined by the employees. The respondent served each of its employees, including the appellants, with a compulsory notice of intention to retrench. The appellants and the respondent could not agree on the retrenchment terms. The parties referred the dispute to the retrenchment board. The Minister directed the parties to carry out further retrenchment negotiations for another 21 days. Before the 21 days expired, the respondent terminated the appellants’ contracts on notice, which was provided for in the contracts of employment.

The respondent paid the appellants cash in lieu of notice and terminated the employment relationship. The appellants approached a labour officer, contending that their employment contracts had been unlawfully terminated. The labour officer failed to resolve the matter and referred it to compulsory arbitration. The arbitrator concluded that the termination of the contracts was unlawful because the appellants had not been dismissed pursuant to the Code of Conduct.

The respondent appealed to the Labour Court. The Labour Court allowed the appeal, finding in favour of the respondent, and the appellants approached the Supreme Court. The court agreed with the conclusion of the Labour Court that the respondent was required by law to give notice when terminating the appellants’ employment.

ii Netone Cellular v. Minister of Labour14

The applicant is in the cellular communications business, and the second respondent is the National Employment Council (NEC) for the communications services sector.15 Sometime in 2010, after following the due process provided for in the Act, the NEC varied its scope of coverage to include, inter alia, cellular communications. The NEC subsequently invited the applicant to register with the NEC and pay the dues as stipulated in the CBA for the Communications and Allied Services Industry.16 The applicant claimed that it was not aware of and did not participate in the creation of either the NEC or the CBA. It had no wish to be a member of the second respondent nor did it wish to pay dues to it. It notified the NEC, which sought to compel the applicant to submit membership and remit dues pursuant to the provisions of the CBA and the Act.

The court found merit in the submissions that the Constitution17 recognises that the formation and activities of employees’ associations are an exercise of the right of freedom of association. This right embraces the right to form and join associations and the right not to be compelled to belong to any association. In addition, the CBA violated the applicant’s rights insofar as it compelled the applicant to behave as though it was a member of the NEC by requiring the applicant to register with it.

iii National Railways of Zimbabwe v. Zimbabwe Railways Artisans Union18

The parties appeared before a conciliator to dispute a payment of housing and educational allowance. The parties failed to agree. A certificate of no settlement was issued and, by agreement of the parties, the matter was referred to an arbitrator for compulsory arbitration. The arbitrator concluded that the respondent employees were entitled to the said allowances, a decision later confirmed by the Labour Court. The appellant subsequently appealed to the Supreme Court.

The Supreme Court concluded that there was nothing wrong with an employer paying the best salary and electing not to pay allowances. The fact that one employer pays allowances puts no obligation on another to do the same. The arbitrator could therefore not purport to create a contract for the parties, and all that he could do was urge the parties to negotiate.


i Employment relationship

A contract can either be reduced to writing or verbal. It is sufficient for an individual to attain the status of an employee so long as he works for an employer and receives remuneration.19 It is, however, recommended to reduce a contract to writing in circumstances where an employee will be engaged for a specific period. A fixed-term contract will have the same features as a general contract.

A fixed-term contract has to specify outright that the employee is engaged for a fixed term, and the duration should be stated unequivocally. The contract should also specify the period of pre-termination notice and should include a disclaimer explaining that engaging the employee or the continued engagement thereof does not create a legitimate expectation of renewal.20 Parties can execute the employment contract at the commencement of the relationship or at any stage within the period of the employee’s employment, recording the effective date of employment.

An employment contract should be varied by the parties by consent. There should not be a unilateral variation of the contract of employment by the employer, specifically concerning those terms and conditions that go to the root of the employment relationship.21 The employer is obliged to consult with the employee with respect to any such significant variation, whereupon after agreement the variation will be reduced to writing as either an addendum or an entirely new contract.22 The employer still reserves the right and flexibility to vary its policies and employment conditions, without necessarily consulting the employee at every stage, to ensure that each is suitable to achieve the maximum profit.23

ii Probationary periods

Under common law, the period and the number of times that an employee may be on probation are open-ended. The parties may terminate the contract before or on the expiration of such period.24 However, to avoid employers’ abusing employees, the conditions of probationary employees are now regulated under the Act.25 This requires that such a contract should be in writing for a single non-renewable period of not more than one week in the case of casual or seasonal work or three months in other cases. Notice of termination is one week in the case of casual or seasonal work or two weeks in other cases.

iii Establishing a presence

Every employer that pays remuneration must withhold, from that amount, the employees’ tax. An employer who fails to do so shall be personally liable for payment to the Commissioner of that amount.26 There are also fairly considerable penalties for failing to act in accordance with this Schedule.27

The law requires that an employer shall apply to the Commissioner in such form as may be prescribed for registration, within 14 days of becoming an employer. In addition, every non-resident employer shall appoint a resident representative to secure registration on its behalf under this paragraph and to otherwise act as its agent for all purposes of the law.28 Failing this, the Commissioner has the power to appoint a representative without the employer’s input.

An employee is any person who performs work or services for another for remuneration, and includes such a person who supplies his own tools or assumes the substantial risk of an undertaking, or any other circumstance that resembles the relationship between an employee and employer more closely than that of an independent contractor and hirer of services.29

Zimbabwe law typically construes contracts as an employer–employee relationship and not as an independent contractor arrangement. There is, however, no special arrangement or dispensation available to cushion the independent contractor from attack. At the end of the day, one has to look at whether the contractor, styled as an independent contractor, satisfies common law requirements by analysing what has transpired on the ground. Put simply, the independent contractor arrangement can only be protected pursuant to careful drafting and tactful implementation, so that the tax obligation will be on the ‘employee’ as the contracting party and not the employer as the source.


A contract of employment, like any other contract, embodies formalities of contract under common law30 to the extent that non-compete clauses are also a common feature. There are no general legislative requirements for a non-compete clause. This is simply provided for under common law. The common feature is that an employee may be prohibited, for a certain period, from dealing with or contracting with any relevant client or prospective client in relation to the products and services provided and offered by the employer, or, in some cases, the operating business which competes with the employer within a specific period or radius.

A requirement might be placed in the contract that the non-compete clause might be separate and severable from the main contract to such an extent that, if the restraint clause is found to be unreasonably wide or against public policy, the contract might not be nullified in its entirety. Additionally, the parties may insert a condition that should there be a breach of the restraint clause, a remedy for damages might not be solely adequate and the employer reserves the right to seek further redress through injunction proceedings from a competent court of law. These non-compete clauses will be narrowly enforced as they are generally regarded as being against public policy. Hence, the employee is overshadowed by a fundamental right of freedom of profession, trade and occupation.31


i Working time

There is a fundamental duty on the employer not to require an employee to work more than the maximum hours permitted by law, or by agreement made in terms of the Act with respect to such employee or the industry under which the employee is employed.32 The Act itself does not provide the maximum hours to be worked, but several provisions of the Act and subsidiary legislation regulate working hours. Virtually every CBA provides for maximum hours of work within the relevant industry. As a general guide, employees are entitled to not less than 24 continuous hours of rest each week, either on the same day of every week or on another agreed-upon day.33 In addition, the employee will enjoy a leave of absence during every public holiday provided for by a general notice.34

ii Overtime

Overtime is not compulsory unless provided for in the CBA or any regulation in situations of an emergency arising out of a general interruption of work due to unforeseen events. International labour standards allowing the increase of working hours to make up for those lost hours, up to a total number of 30 days per year and up to 10 hours per day, have been adopted in Zimbabwe.35 Generally, CBAs provide employees with the discretion to refuse to work overtime, and when overtime work is completed employers must compensate employees accordingly. Because there is no general guideline, this varies by employee and sector.


A foreign person who wishes to engage in occupation in Zimbabwe requires a working permit for a maximum period of five years. The permit may be extended for any period that, together with the period for which it has been in force, does not exceed five years.36 The permit shall be subject to the holder engaging in the occupation specified therein and remaining in the service of the applying employer.37 No regulation limits the number of expatriates and, therefore, discretion is placed in the hands of the Chief Immigration Officer who exercises that power judiciously, with a strong bias to broadly retain employment for locals. The expatriate should also obtain a visitors’ entry certificate (visa).38 Once admitted entry into the country, the employee would enjoy the same benefits and tax obligations as any local employee with the same protection at law, without any form of discrimination.


In many institutions there is a set of standard conditions of service, which are usually incorporated by reference into each employee’s contract. These Codes of Conduct usually contain grievance handling and disciplinary procedures and are also incorporated into the CBAs of the relevant industry or subsector that the employee is engaged in. These rules are generally created by the employer without input of the employee, but are normally negotiated by employers and trade unions or at the industry level.39 The Act requires an employer to consult, but not necessarily reach consensus with, the works council in matters involving implementation of an employment Code of Conduct.40

Disciplinary rules generally give rise to legally enforceable rights. An infringement thereof gives the employer the right to institute disciplinary action against the offending employee. The internal Code should be registered with the Registrar of Labour to bind parties,41 and these do not need to be signed by the employee representative. However, the Code, with respect to any industry undertaking, would need to be signed by the parties, including the employee representative, as confirmation that they participated in establishing the rules. Notification of the existence of the rules is sufficient. The obligation is merely to ensure that the rules are easily accessible within the workforce.

In the absence of an internal policy, the principles of fair dismissal under the Act are provided in the National Code of Conduct,42 which goes beyond dismissal and also stipulates other circumstances under which termination at the initiative of the employer is permissible (e.g., where there is mutual agreement or the expiration of a fixed-term contract). Industry and enterprise codes should be based on this model.43 The code is derived directly from and is based on international labour organisations’ standards.44 These do not necessarily need the parties’ endorsement to be binding, as they operate ex lege.


There is no need to translate internal rules or employment documents into local languages, as the official language is English.


The law allows for employee representation through workers’ committees, which contain between three and 15 members. A term of office is two years, and representatives may be re-elected.45 The primary functions of the committee are to represent employees in any matter affecting their rights and interests, to elect members into the works council and to negotiate collective agreements with employers.

A works council comprises an equal number of employees and management representatives, as agreed upon by the parties or the Works Council Constitution. The employee representatives’ varied rights include the right to be consulted by the employer in the works council and to be provided with reasonable opportunity to make representation and advance alternative proposals before an employer implements a decision at the workplace.46 Employee representatives also represent employees before a determining authority at disciplinary proceedings and before the Labour Court.47 The employer is obliged to provide reasonable facilities for employment representatives to meet with each other during and after working hours. The representatives enjoy the right to democracy in the workplace, which is protection from being hindered or obstructed while conducting business, and protection from employer interference.48

The functions, powers and structures of the representative body are outlined in their respective constitutions, subject only to the supervisory role of trade unions.49 Any group of employees may form a trade union, and any group of employers may form an employers’ organisation or federation.50 The Act further provides that a trade union may apply for registration.51 Failing to do so will result in the union’s failing to be recognised at law as a body with legal standing.


Zimbabwe does not have a specific piece of legislation that provides for the protection of data. There have been indications that a data protection law will be enacted soon. The Data Protection Bill has been debated in Parliament and sent to the President for consideration. Once passed into law we will have an all-encompassing legislation.

There are, however, several pieces of legislation that provide for data protection and the right to privacy and protection of personal information. The provisions of the different pieces of legislation are set out in summary hereunder.

Section 57 of the Constitution provides that every person has the right to privacy, which includes the right not to have the privacy of their communications infringed or their health condition disclosed. Section 62 of the Constitution also provides that every Zimbabwean citizen or permanent resident, including juristic persons and the Zimbabwean media, has the right of access to any information held by the state or by any institution or agency of government at every level, insofar as the information is required in the interests of public accountability or the exercise or protection of a right. Section 86 of the Constitution, however, limits these rights to the extent that the limitation is reasonable, fair and justifiable in an open and democratic society.

The Access to Information and Protection of Privacy Act (Chapter 10:27) gives members of the public the right of access to records and information held by public bodies, and it makes public bodies accountable by giving the public a right to request correction of misrepresented personal information. The Act also prevents the unauthorised collection, use or disclosure of personal information by public bodies and seeks to protect personal privacy.

The Interception of Communications Act (Chapter 11:20) provides for the lawful interception of certain communications by the defence forces, the police, the Revenue Authority and the department of the President’s office that is responsible for national security. These communications may be in connection with actual threats to national security or any compelling national economic interests, or a potential threat to public safety or national security.

The Courts and Adjudicating Authorities (Publicity Restrictions) Act (Chapter 7:04) regulates and restricts attendance at and publication of proceedings of courts and adjudicating authorities where publicity would prejudice the interests of justice, as well as when it is: in the interests of public morality; in the interests of the welfare of persons under the age of 18 years; to protect the private lives of persons concerned in the proceedings; or to protect the safety or private lives of persons related to or connected with any person concerned in the proceedings.

The Census and Statistics Act (Chapter 10:05), under Section 17(1), restricts the disclosure of information obtained for the purposes of the Act where the identity of the person from whom the information was obtained shall be disclosed to any person who is not employed in carrying out the provisions of this Act.

The National Registration Act (Chapter 10:17) provides for the registration of persons resident in Zimbabwe and for the issue of identity documents. Section 8 of the Act states that the Registrar General should keep in safe custody any information acquired in the performance of his or her duties. All persons employed in carrying out the provisions of the Act are obliged to keep in secret all information coming to their knowledge in the exercise of their duties.

The Banking Act Chapter 24:20, under Sections 76 and 77, restricts the disclosure and use of information by the Registrar of the Reserve Bank, his or her representative or employees, a curator or an auditor of the banking institution. It does not, however, deal with the banking institutions specifically.


i Dismissal

The Supreme Court has confirmed the employer’s common law right to terminate on giving three months’ notice without cause or reason being offered.52 This triggered an amendment to the Act.53 The new provisions restrict the employer’s right to terminate on notice on a no-fault basis and allow termination on notice only when the termination is provided by the Code of Conduct, there is a mutual agreement by the parties, at the lapse of a fixed term contract and on retrenchment. In other words, an employer can no longer terminate an employee without cause. In essence, an employee can only be dismissed pursuant to disciplinary proceedings that have been convened in the terms of the employment, Code of Conduct or model code.54

The procedure for termination is provided in the respective Code of Conduct, and there is no need to notify or seek approval from any government authority or employee representative, as the process is simply regarded as a private affair between contracting parties. An employee does not have rehire rights or rights for offers of suitable alternate employment, as this is reserved at the discretion of the employer, but is preferably considered when the dismissal is through retrenchment rather than disciplinary proceedings.

However, the Act55 has prescribed that where notice of termination is issued pursuant to a disciplinary proceeding, the employee is afforded compensation for loss of employment by way of payment of the minimum package set under Section 12C. Therefore, regardless of the mode of dismissal, an employee is now entitled to a social plan with regard to the package to be paid. The employer still retains the right to terminate on notice and may elect to pay cash in lieu of notice pursuant to the parties’ mutual agreement.56 Every employee covered by the Act is not protected from dismissal, and employee representatives are no exception.

ii Redundancies

The employer can roll out either a voluntary or compulsory retrenchment. However, retrenchment now has three main stages.

Firstly, there are certain requirements, intended to minimise the prejudice to the employees concerned, that are a conditioned precedent to a retrenchment. Once such provision relates to the obligation of the employer to notify the employees of any changes that may lead to retrenchment.57 However, there is no specific requirement for the employer to first adopt the special measures to avoid retrenchment outlined in the Labour Act. The Act simply prescribes that before giving notice of intention to retrench, the employer may agree with the employees concerned and their respective representatives to have recourse to the said measures.

Second, the employer is obliged to give notice of its intention to retrench to the employee representative or, in the absence thereto, to the retrenchment board who shall assume the responsibility and proceed with the retrenchment as if there was a workers representative at the workplace. The notice must have details of every employee who the employer wishes to retrench, and must contain the reasons for the proposed retrenchment, such as:

  • a the alternatives that were considered and the reasons why they were rejected;
  • b the reasons for the selection criteria adopted;
  • c the proposed period of retrenchment; and
  • d the retrenchment package proposed, which includes severance allowance, notice and benefits to affected employees.

In short, the notice must be accompanied by as much information as is reasonable to ensure that all facts are placed before the relevant authority.

Third, once notice has been given, the relevant authorities will try to secure an agreement with the employees concerned, with regard to terms and conditions of the retrenchment. Where no agreement is reached with regard to the terms and conditions of the retrenchment, the employer is obliged to pay a minimum retrenchment package, which is equivalent to two weeks’ salary for every year served, or as specifically as stated in the Act, of not less than one month’s salary or wages for every two years of services.58 There is, therefore, no need to refer the matter to any outside body once a deadlock occurs. This new disposition appears to curtail the retrenchment proceedings, which were cumbersome. The employer was required to refer the retrenchment process to the Retrenchment Board and the minister concerned for approval.

Fourth, if a lawful agreement is reached, the matter is final and the employees are dismissed in terms of the retrenchment agreement, subject to the employees being given due notice of termination or cash in lieu of notice.


The Act prescribes the rights of employees on a transfer of undertaking.59 The effect is that from the date of the transfer of business, employees become the purchaser’s employees with conditions of service not less favourable than those that applied to them before the transfer of the undertaking. They will be deemed to be employees of the purchaser, unless their previous contracts have been duly terminated, their severance packages duly paid and new contracts are offered by the purchaser.60

Transfer may arise in the case of a major takeover or as part of a broader process of restructuring within a company or group of companies. Transfer can take place by virtue of an exchange of assets or a donation. Given the range of circumstances under which a transfer can take place under common law, there is no need for an agreed price or valuation of assets, as consideration may take different forms. An outsourcing transaction is viewed as part of a broader process of restructuring and is not an exception.61


Employers should be prepared and look forward to possible challenges relating to the implementation and interpretation of the Act as amended. There are many loopholes that need to be plugged, which arise from the fact that the amendment was rushed. The minimum retrenchment package prescribed in the Act is only paid if the termination is in terms of the Code of Conduct which governs disciplinary and dismissal proceedings.62 Once an employee is found guilty of acts of misconduct, he or she is dismissed without any measure of compensation. The amendment, however, prescribes that an employee should be paid compensation for loss of employment regardless of the fact that he or she may have defrauded the employer or damaged the employer’s property.

Further, there can be challenges regarding the payment of the minimum package. Disciplinary proceedings do not provide for the giving of notice after the conclusion of a disciplinary hearing.63 Thus, an employer can avoid paying the package so long as the employer does not give notice after a disciplinary hearing as Codes of Conduct do not usually provide for giving of notice. This will contradict the Act, which obliges payment of the minimum package despite the reason for the termination.

However, given the existence of the amendment and the legal principle that so long as the law stands in the statue book it must be complied with, there will be job security and the market will generally experience a reduction in job losses through outright termination of contracts.


1 Tawanda Nyamasoka is a partner at Atherstone & Cook Legal Practitioners.

2 Bill of Rights Chapter IV.

3 Chapter 16:04.

4 Section 127 of the Act.

5 Section 172 of the Constitution.

6 Section 93 of the Act.

7 United Nations Commission and International Trade Law 1995.

8 Chapter 7:15.

9 Section 98 of the Act.

10 Section 92B(3) of the Act.

11 Section 98(14) of the Labour Act.

12 Samudzimu v. Dairiboard Holdings Ltd HH 204/10 and Plaza Hotel v. Marimbita HB 27/07.

13 SC 45/15.

14 HC 211/15.

15 Established in terms of Section 56 of the Act.

16 SI 11 of 2012.

17 Section 21(3)(C) Constitution.

18 SC 46/2015.

19 Section 12 of the Labour Act.

20 UZ-UCSF Collaboration Research Programme in Women’s Health v. D Shamuyarira 2010 (1) ZLR 127.

21 Chimhenya v. Associated Textile (Pvt) Ltd S/201/94 and Muchakata v. Nederburn Mine 1996 (1) ZLR 53.

22 Martindale School v. Jongwe LC/H/1165/04.

23 Taylor v. Minister of High Education and Anor 1996 (2) ZLR 774.

24 Kazembe v. Adult Literacy Organization SC/173/94.

25 Section 12(5).

26 Section 10 of Part II of Thirteenth Schedule, Income Tax Act (Chapter 23:06).

27 Section 22 of Part II of Thirteenth Schedule, Income Tax Act (Chapter 23:06).

28 Section 2(4) of Thirteenth Schedule, Income Tax Act (Chapter 23:06).

29 Section 2 of the Labour Act.

30 Southampton Assurance Company of Zimbabwe Ltd v. Mutuma 1990 (1) ZLR 12.

31 Section 64 of the Constitution of Zimbabwe.

32 Section 4(1) Employment (Hours of Work) (Amendment) Regulations SI 832/81.

33 Section 14C of the Labour Act.

34 In terms of Public Holidays and Prohibition of Business Act (Chapter 10:21).

35 Article 5 of ILO C 30. See also Philemon v. OK Bazaars S/22/95.

36 Section 22 of Immigration Regulation, SI 195/1998.

37 Section 23 of Immigration Regulation, SI 195/1998.

38 Section 42 of Immigration Regulation, SI 195/1998.

39 John Grogan, Workplace Law pages 98–99.

40 Section 25A (5)(d).

41 Section 101(1) of the Labour Act.

42 SI 15/2006, supra.

43 Section 101(9)(10).

44 Termination of Employment at the Initiative of the Employer Convention 1982 (C158).

45 Labour Relations (Workers Committee) (General Regulations) SI 372/1985.

46 Section 25A (5) of the Act.

47 Section 92 of the Act.

48 Section 7 of the Labour Act and Section 3 of Protection Against Acts of Interference between Workers’ Organization and Employer Organization SI 131/2003.

49 Munyaradzi Gwisai, Labour & Employment Law in Zimbabwe page 342.

50 Section 27.

51 Section 29(1) of the Act.

52 Don Nyamande v. Zuva Petroleum (supra).

53 Section 12 Labour Amendment No. 5 of 2015.

54 Labour (National Employment Code of Conduct) Regulations, 2006 SI 15/2006.

55 Section 12(4)(b).

56 Section 12 (7).

57 Sections 12D(1) and (2) of the Labour Act.

58 Section 12C(2), Labour Act

59 Section 16(1).

60 Don Nyamande v. Zuva Petroleum (supra); Nkomo & Ors v. Rubber and Allied Products (Pvt) Ltd SC 14/02.

61 Schutte and Ors v. Powerplus Performance (Pty) Ltd and Anor 1999 (201) IJ 655 LC.

62 Section 12(4)(b).

63 Don Nyamande v. Zuva Petroleum (supra).