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Friday, April 19, 2024
HomeNewsTeachers File Urgent Chamber Application Challenging Suspensions

Teachers File Urgent Chamber Application Challenging Suspensions

The Zimbabwe Teachers Association (ZIMTA) has filed an urgent chamber application with the High Court seeking the nullification of suspensions imposed by the Government on striking teachers.

Primary and Secondary Education Minister Evelyn Ndlovu last month announced that Government was suspending teachers who went on industrial action when schools reopened on 7 February, teachers had gone on an industrial action seeking better working conditions and USD$540 salaries.

In a statement, ZIMTA said they had filed an urgent application seeking the High Court to declare the suspensions null and void with the Minister of Primary and Secondary Education and the Public Service Commission being cited as the first and second respondent respectively.

“Zimbabwe Teachers’ Association (ZIMTA) has filed an urgent chamber application with the High Court seeking to render suspension of teachers from duty null and void as the victims were not heard neither did, they make any representation before the imposition of the suspension orders by their respective district school inspectors acting as disciplinary authorities contrary to common law and the Administrative Justice Act.

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“There are financial implications to the suspensions as they will be on reduced earnings for the three months and they endure the strain as if they have been found guilty of any wrong doings. They are likely to fail to meet personal financial liabilities and commitments and monthly subscriptions such as medical aid, pensions, funeral assurance and the likes may end up being suspended or potentially lapse a situation which may not be cured by any damages.

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“The applicants have no other remedy or relief available to them other than approaching this court to aid in averting the violation of their constitutional and inherent right. In this premise we believe that this matter is urgent and ought to be dealt with as such it cannot afford to wait on the normal roll as this would attract perverse conduct from the employer” read the statement

In addition, the statement says the applicants are seeking a declaratory order to the effect that section 48(1) as read with section 49(3(b)(ii) of the Public Service and Regulations which were used to suspend the teachers be declared unconstitutional as they are inconsistent with section 65(1) and 65(4) of the Constitution of Zimbabwe.

 

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